(A) (1) It shall be unlawful in the county for any person to create or assist in creating, permit, continue or permit the continuance of any sound causing unreasonable annoyance, disturbance or discomfort to reasonable persons of ordinary sensibilities. Noise of the character, intensity or duration as to be detrimental to the life or health of any individual is prohibited.
(2) Notwithstanding any other provision of this section, noise created due to the operation of a bona fide farm is exempt from regulation under this section. For purposes of this section, a bona fide farm is any tract or tracts of land, one tract composed of at least ten acres, on which is actively engaged the commercial production of growing of crops, plants, livestock or poultry.
(B) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of division (A) above, but the enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal; the creation by means of any signal device of any unreasonably loud or harsh sound; and the sounding of the device for any unnecessary and unreasonable period of time;
(2) The use of any gong or siren upon any vehicle other than police, fire or other emergency vehicle;
(3) The playing of any radio, phonograph, amplifier, television, tape deck, tape recorder or musical instrument in a manner or with volume as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or other type of residence;
(4) The use of any automobile, motorcycle or other vehicle in a manner as to create loud or unnecessary grating, grinding, rattling or other noise, or in a manner as to cause squealing or screeching of tires, or in a manner as to cause the tires to propel rocks, gravel or sand;
(5) The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(6) The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(7) The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof;
(8) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood;
(9) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale or display of merchandise;
(10) The erection (including excavating), demolition, alteration or repair of any building or other structure in a residential or business district other than between the hours of 7:00 a.m. and 9:00 p.m., except by permit from the building inspector when, in his or her opinion, the work will not create objectionable noise; (Upon complaint in writing of the occupant of property near the location of the work, the Building Inspector shall immediately revoke the permit and the work shall be immediately discontinued. The Building Inspector may permit emergency work in the preservation of public health or safety at any time. Emergency work shall be deemed to be work necessary to restore property to a safe condition, work required to protect, provide or prevent persons or property from danger and potential danger; or work by private or public utilities when restoring utility service.)
(11) The conducting, operating or maintaining of any garage or filling station or other business in any district zoned residential so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.;
(12) The creating of any unusually load or disturbing noise, including, but not limited to, loud and boisterous talking or yelling by an individual or by groups of persons on public streets, sidewalks, public or private parking lots or vehicular areas between the hours of 10:00 p.m. and 7:00 a.m., which noises tend to disturb the rest and tranquility of persons living or residing in the nearby area;
(13) No person shall keep or maintain, or permit the keeping of, on any premise, owned, leased, occupied or controlled by the person, any animal otherwise permitted to be kept which, by habitual or frequent sounds, crying, howling, barking, squawking, meowing or other noise, shall disturb the quiet, comfort or repose of any person; and
(14) The creation of any excessive noise on any street adjacent to any school, institution of learning or court, while the same are in session.
(C) The following are exempt from the provisions of this section:
(1) Sound emanating from scheduled outdoors athletic events;
(2) Construction operations from 6:00 a.m. to 9:00 p.m. daily for which building permits have been issued or construction operations not requiring permits; providing all equipment is operated in accord with the manufacturer’s specifications and with all standard equipment manufacturer’s mufflers and noise reducing equipment in use and in proper operating condition;
(3) Noise of safety signals, warning devices, emergency pressure relief valves, and all church bells; (For purposes of this division (C)(3), the term “church bells” shall not include electronic devices or artificial sound reproduction systems intended to sound like church bells.)
(4) Noise resulting from any authorized emergency vehicle;
(5) Noise resulting from parades, lawful picketing or other public demonstrations protected by the U.S. Constitution or federal law, provided the activity is of a temporary duration lasting no longer than two hours during any 24-hour period;
(6) Unamplified and amplified sound at street fairs conducted, sponsored or sanctioned by the county;
(7) Noise from noisemakers and fireworks on holidays recognized by the state or country or at times allowed under a pyrotechnics permit issued pursuant to G.S. Ch. 14, Art. 54;
(8) Unamplified and amplified sound at community concerts conducted, sponsored or sanctioned by the county;
(9) Practice sessions or performances by marching bands; and
(10) Noise from trains and associated railroad rolling stock when operated in proper repair and manner.
(D) (1) The complaints of two or more persons, at least one of whom resides in a different home from the other complaining person or persons, or the complaint of one or more persons, when combined with the complaint of a duly authorized law enforcement officer, shall be prima facie evidence that the sound is a loud and annoying, frightening, loud and disturbing, unreasonably loud or unnecessary noise.
(2) The complaint of a duly authorized law enforcement officer, alone, shall be prima facie evidence that the sound is a loud and annoying, frightening, loud and disturbing, unreasonably loud or unnecessary noise.
(Ord. passed 6-21-1999) Penalty, see § 130.99