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It shall be unlawful for any person, groups of persons, or property owner to create, assist in creating, or allow any unreasonably loud and disturbing noise in the town.
(Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015) Penalty, see § 93.99
The following factors incident to the noise shall be considered in determining whether a noise is unreasonably loud and disturbing:
(A) Time of day;
(B) Proximity to residential structures;
(C) Whether the noise is recurrent, intermittent or constant;
(D) The volume and intensity;
(E) Whether the noise has been enhanced in volume or range by any type of electronic or mechanical means;
(F) The character and zoning of the area; and
(G) Whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
(Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015)
It shall be unlawful to carry on the following activities in any residentially zoned area of the city or within 300 feet of any residentially occupied structure in any zone of the city:
(A) The operation of a front-end loader for refuse collection between the hours of 9:00 p.m. and 7:00 a.m.;
(B) The operation of construction machinery between the hours of 9:00 p.m. and 7:00 a.m.;
(C) The operation of garage machinery between the hours of 9:00 p.m. and 7:00 a.m.;
(D) The operation of lawn mowers and other domestic tools out-of-doors between the hours of 9:00 p.m. and 7:00 a.m.;
(E) The operation of golf course maintenance equipment between the hours of 9:00 p.m. and 6:00 a.m. with the following exceptions:
(1) Operation of turf fans required for the health of golf course turf are not limited by time constraints; and
(2) Operation of golf course maintenance equipment may occur between the hours of 5:30 a.m. and 9:00 p.m. on days there is a previously organized golf tournament or special golf event being held or when such operations are occurring more than 300 feet from any residentially occupied structure; and
(Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015;Am. Ord. 379, passed 9-9-2019; Am. Ord. 387, passed 9-23-2019; Am. Ord. 388, passed 10-14-2019; Am. Ord. passed 7-13-2020) Penalty, see § 93.99
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
AMPLIFIED SOUND. Any sound using amplifying equipment, whose source is outside or whose source is inside and the sound propagates to the outside or to other dwellings or interior locations under separate ownership or occupancy.
(B) Application. An application for a permit for amplification of sound shall be submitted to the town at least 15 working days in advance of the planned use except in an emergency. The application shall designate an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit.
(C) Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for mailing or otherwise delivering to the occupants of each property within a 1,000-foot radius of the facility for which the permit has been granted, as shown on the tax maps of the county, a notice stating the date and hours of the event. The notice shall be delivered at least 72 hours in advance of the event. The permit shall not actually be granted and issued until the applicant submits an affidavit to the town that such notices have actually been mailed or otherwise delivered.
(D) Limits on hours. No permit shall be issued which shall have the effect of allowing more than 20 hours of excess amplification per year at any place of public entertainment having a capacity of 1,000 or more persons or ten hours of excess amplification at any other location. Permits shall be tentatively approved and subsequently granted by the Police Department in the order of receipt unless permits for 20 or more hours have previously been issued for the same or other locations within a 1,000-foot radius of the facility in the same calendar year, in which event the applicant shall elect whether to limit his request so as to keep the year's accumulated hours of excess amplification in that location below 20 hours or select another location.
(E) Denial; issuance of exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he or she shall promptly submit a copy of the denied permit application together with a short statement of the reasons he or she believes he or she is entitled to a permit to the Town Manager or his or her designee. The Town Manager or his or her designee shall have the discretion to grant an exceptional permit waiving location or time requirements, upon his or her determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to the City Council.
(Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015)
It shall be unlawful for any person to own, keep or have in his or her possession, or harbor, any dog, other animal or bird which, by frequent or habitually howling, yelping, barking or otherwise, causes loud noises and produces seriously annoying disturbance to any person or to the neighborhood.
(Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015) Penalty, see § 93.99
Cross-reference:
Animal control, see Chapter 91
It shall be unlawful to operate or allow the operation of any motor vehicle in the town:
(A) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises.
(B) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises.
(C) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises.
(D) The sounding of any horn, whistle or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal or as required by law, so as to create any unreasonable, loud or harsh sound, or the sounding of the device for an unnecessary and unreasonable period of time.
(E) The playing, use or operation from a motor vehicle or by pedestrian, of any radio, tape, CD player, or other sound amplification device emitting sound that is audible from a distance of 50 or more feet from the source of the sound.
(Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015) Penalty, see § 93.99
Cross-reference:
Traffic regulations, see Chapter 70
(A) Violations of § 93.02 shall constitute a Class 3 misdemeanor pursuant to G.S. § 14-4, punishable by a fine of up to $200 and imprisonment in the discretion of the court.
(B) Violations may also be subject to a civil penalty pursuant to § 10.99 of this Code of Ordinances. Unless otherwise provided, civil penalties shall be in the following amounts:
(1) First citation: warning;
(2) Second citation for same or similar violation: $100; and
(3) Third and subsequent citation for same or similar violation: $500.
(Ord. passed 5-10-99; Am. Ord. passed 2-9-2009; Am. Ord. passed 11-28-2011; Am. Ord. passed 10-26-2015; Am. Ord. passed 1-22-2024)