(A) The following acts, among others, are declared to be loud, disrupting and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signal devise on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after, or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an 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 use or operation of any piano, manual or automatic, phonograph, radio, loud speaker or any other instrument, or sound amplifying devices so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the same a public nuisance; provided, however, that upon application to the executive officer of the municipality, permits may be granted to responsible organizations to produce programs in music, speeches or general entertainment;
(4) The keeping of any animal or bird which by causing frequent loud continued noise shall disturb the comfort and repose of any person in the vicinity;
(5) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in any such manner as to create loud or unnecessary grating, grinding, rattling or other noise;
(6) 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;
(7) The discharge into the open air of the exhausts of any steam engine, motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(8) The use of any mechanical devise operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(9) 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 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety and then only with a permit from the executive officer of the municipality, which permit may be renewed for a period of three days or less while the emergency continues;
(10) The creation of any excessive noise on any street adjacent to any school, church, institution of learning or court while the same is in session or interferes with the working of such institution, provided conspicuous signs are displayed on such streets indicating that the same is a school, court or hospital street;
(11) 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;
(12) 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;
(13) 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;
(14) The shouting and crying of peddlers, barkers, hawkers, vendors and other persons which disturbs the quiet or repose of persons in the vicinity thereof;
(15) 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;
(16) The use of any mechanical loud speakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the Council;
(17) 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
(18) The firing or discharging of squibs, crackers, gunpowder or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance except by permit from the town.
(19) Unmuffled engine compression brakes.
(a) Definitions.
1. PROPER SIGNAGE. An NCDOT approved sign stating “Unmuffled Engine Braking Prohibited.”
2. UNMUFFLED ENGINE COMPRESSION BRAKE. A motor vehicle brake which is activated or worked by the compression of the engine of a motor vehicle, and which is not effectively muffled to prevent excessive noise.
(b) Prohibition.
1. No person shall use an unmuffled engine compression braking system, which is in anyway activated or operated by the compression of the engine of any such motor vehicle or any such unit or part thereof, on any street within the town limits for which one or more signs are posted stating “Unmuffled Engine Braking Prohibited” except in cases of emergency or necessary for the protection of persons and/or property. Such braking is commonly referred to as compression braking or “jake brake.”
2. The town shall collaborate with NCDOT to identify the areas that engine braking is prohibited, and signs shall be conspicuously posted in such areas stating “Unmuffled Engine Braking Prohibited.” This division (19) shall not apply to public school buses or public safety vehicles, including but not limited to, fire trucks and emergency medical service vehicles.
(c) Penalty. Violation of this division (19) shall be a traffic infraction as outlined in G.S. § 14-4 and shall result in a fine of $50.
(B) Any person, firm or corporation violating any of the provisions of this section or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any of the provisions of this section are violated shall constitute a separate offense.
(1979 Code, § F-4-2) (Ord. passed 3-7-2022; Res. 06052023, passed 6-5-2023)