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NUISANCES GENERALLY
It shall be unlawful for any person, firm or corporation to create or assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing and unnecessary noise in the town. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
(1987 Code, § 8-8-01) Penalty, see § 90.999
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
(A) The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time;
(B) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle;
(C) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity;
(D) The use or operation of any piano, manual or automatic, phonograph, radio, loud speaker or any other instrument, or sound amplifying device so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance;
(E) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded in such manner as to create loud or unnecessary grating, grinding, rattling or other noise;
(F) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger;
(G) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(H) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(I) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 9:00 p.m., except in the case of urgent necessity in the interest of public safety and then only with a permit from the Town Clerk, which permit may be renewed for a period of three days or less while the emergency continues;
(J) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session, or within 150 feet of any hospital, which unreasonably interferes with the working of such institution; provided, conspicuous signs are displayed in such streets indicating that the same is a school, court or hospital street, without receiving a permit for the same and notification of the town;
(K) The creation of any excessive noise on Sundays on any street adjacent to any church; provided, conspicuous signs are displayed in such streets adjacent to churches indicating that the same is a church street;
(L) The creation of loud and excessive noise in connection with loading or unloading any vehicle, of the opening and destruction of bales, boxes, crates and containers;
(M) The sounding of any bell or gong attached to any building or premises which disturb the quiet or repose of persons in the vicinity thereof;
(N) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood;
(O) The use of any drum, loud speaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise;
(P) The use of any mechanical loud speakers or amplifiers on trucks or other moving vehicles for advertising purposes, except where specific license is received from the Board;
(Q) The conducting, operating or maintaining of any garage or filling station in any residential district 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.; and
(R) The firing or discharging of squibs, crackers, gunpowder or other combustible substances in the streets or else where for the purpose of making noise or disturbance.
(1987 Code, § 8-8-02) (Am. Ord. 2024-09, passed 11-12-2024) Penalty, see §
90.999
It shall be unlawful for any person to discharge any firearm of any type within the corporate limits, except a peace officer in the performance of his or her duty or other persons in self-defense or in the protection of property.
(1987 Code, § 8-8-03) Penalty, see § 90.999
No person shall stick, paint, brand, stamp, write or put upon any house, fence, wall, pavement, post or upon any property, owned by any person, firm or corporation, or owned by the town, any printed, written, painted or other advertisement, bill, notice, sign or poster, without first having obtained the permission of the owner of such property.
(1987 Code, § 8-8-04) Penalty, see § 90.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREBOMB. Any type of object designed or constructed so that upon being propelled it will explode or ignite its area of impact.
MOLOTOV COCKTAIL. Any breakable container or any container which is designed in such a manner that upon being propelled it will at impact empty its contents, which is filled with a flammable fluid or substance, and which is fitted with a fuse or wick.
(B) Manufacture, possession and the like. It shall be unlawful for any person or persons to manufacture, possess, transport or use any Molotov cocktail or other firebomb.
(C) Materials. It shall be unlawful for any person or group of person to possess all the items or material needed to manufacture Molotov cocktails or other firebombs, other than on his, her or their premises.
(1987 Code, § 8-8-05) Penalty, see § 90.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPEN BURNING. The burning of yard waste in such a manner that the products of combustion resulting from the burning are omitted directly into the atmosphere without passing through a chimney or a permitted air pollution control device.
YARD WASTE. Any grass, weeds, leaves, tree trimmings, plants, shrubbery pruning, and such other similar materials which are generated in the maintenance of yards and gardens.
(B) Open burning of yard waste prohibited. In coordination with the North Carolina Administrative Code § .1900, all open burning of yard waste, including leaves, tree branches, or yard trimmings is prohibited where a public pickup of yard debris service is provided.
(C) Burning trash, refuse, and the like is prohibited. No person shall burn or cause to burn any trash, refuse, shavings, paper leaves, litter, or other material of any kind outside any house, business, on or in any street, sidewalk, alley, lot, or yard within the town limits.
(D) Permissible open burning.
(1) Open burning for land clearing or right-of-way maintenance if in accordance with all conditions listed in NCAC § 02D.1903(b)(2).
(2) Camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for human warmth and comfort and which do not create a nuisance and do not use synthetic materials, refuse, or salvageable materials for fuel.
(Ord. 2019-01, passed 6-11-2019) Penalty, see §
90.999
ABANDONED OR DERELICT VEHICLES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle that:
(1) Has been left upon a street or highway in violation of law, a provision of this code or other ordinance of the town prohibiting parking;
(2) Is left on property owned or operated by the town for longer than 24 hours;
(3) Has been left on private property without the consent of the owner, occupant or lessee thereof for longer than two hours; or
(4) Is left on any public street or highway for longer than seven days.
APPROVED ENCLOSED BUILDING FOR PURPOSES OF HOUSING MOTOR VEHICLES.
A garage or building structure that provides a complete enclosure so that the junked motor vehicle cannot be seen from a public street or abutting property. Also, a garage or building structure must be erected pursuant to the lawful issuance of a building permit and shall be constructed in accordance with all zoning and building code regulations.
APPROVED MOTOR VEHICLE COVER. A ready-fit cover made specifically for motor vehicles, which will resist decay, mildew, and ultra-violet sunlight.
JUNKED MOTOR VEHICLE. A motor vehicle that does not display a current license plate or:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or moved in the manner in which it was originally intended to move; or
(3) Is more than five years old and appears to be worth less than $500.
MOTOR VEHICLE. Includes all machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.
NUISANCE VEHICLE. A junked motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance or unlawful, including a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height;
(3) A point of collection of pools or ponds of water;
(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, and the like;
(6) So situated or located that there is a danger of it falling or turning over;
(7) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Town Board of Aldermen;
(8) So offensive to the sight as to damage the community, neighborhood or area appearance upon a finding by the enforcement officer/building inspector that such aesthetic regulation is necessary and desirable for the protection of property values, promotion of tourism, indirect protection of health and safety, preservation of the character and integrity of the community or promotion of the comfort, happiness and emotional stability of area residents;
(9) One which is a point of collection of garbage, food waste, animal waste or any other rotten or decayed matter of any kind; or
(10) One which has sharp parts which are jagged or contain sharp edges of metal, plastic or glass.
(Ord. 2024-07, passed 8-13-2024)
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