(a) The creation of any unreasonably loud, excessive and disturbing noises in the city is hereby prohibited, except as otherwise provided in this section. It shall be unlawful for any person to make, continue, or cause to be continued any loud, excessive, or disturbing noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city.
(b) The following acts, among others, are declared to be loud, disturbing and excessive noises in violation of this section; provided, however, that such enumeration shall not be construed to be exclusive of other noises:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar 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 or to signal a backing-up of the vehicle; 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;
(2) The playing or operation of any radio, television, phonograph, stereo, computer, CD player, cassette player, loudspeaker or similar sound-producing or sound-emitting device or any musical instrument in such a manner, or with such volume, particularly during the hours between 9:00 p.m. and 7:00 a.m., as to unreasonably disturb any person in the vicinity thereof;
(3) The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or operated in such manner as to create loud or unnecessary noises such as spinning or squealing tires, grating, grinding, rattling or other noise;
(4) 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;
(5) The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(6) The use of any mechanical device operated by compressed air, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced;
(7) 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 case of urgent necessity in the interest of public safety, and then only with a permit from the chief of police, which permit may be renewed for a period of three (3) days or less while the emergency continues;
(8) 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 adjacent to any hospital or church or place of worship, which unreasonably interferes with the working of such institution;
(9) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers;
(10) The sounding of any bell or gong attached to any building or premises which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof;
(11) The shouting and crying of peddlers, hawkers and vendors which disturb the quiet and peace of the neighborhood;
(12) 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 or sale of merchandise;
(13) The use of loudspeakers or amplifiers on trucks or other vehicles.
(c) An unreasonably loud, excessive or disturbing noise is defined as any sound regulated by this section, which is plainly audible at a distance of fifty (50) feet from its source.
(d) Noises audible in public streets or public places which violate the standards of this article are hereby declared to be public nuisances which may be abated by any law officer.
(e) The provisions of this section shall not apply to:
(1) Noises from any authorized emergency vehicle;
(2) Noise from church bells or chimes;
(3) Noise resulting from events of an entertainment or recreational nature which are held in the city, parks, public buildings or elsewhere such as to broadcast programs of music, speeches or general entertainment as a part and in recognition of the community celebration of national, state or city events, public festivals or outstanding events to the extent allowed under the terms of the permit issued by the city administrator and/or person designated by the city administrator or his/her designee; and
(4) Noise resulting from parades to the extent allowed under the terms of the permit issued by the city administrator and/or person designated by the city administrator or his/her designee.
(5) Within the area of the city described as beginning at the City of West Columbia Riverwalk Amphitheater, the boundary runs westerly along Oliver Street to Court Street, then westerly along Court Street to State Street, then southerly along State Street to Center Street, then westerly along Center Street to Cromwell Street, then northerly along Cromwell Street to Shull Street, then easterly along Shull Street to Leaphart Street, then northerly along Leaphart Street to the edge of Jarvis Klapman Blvd, then easterly along the edge of Jarvis Klapman Blvd to Sunset Blvd, then southerly along Sunset Blvd to Meeting Street, then easterly along Meeting Street concluding with, and including, the City of West Columbia Riverwalk Amphitheater (the "Gateway Entertainment and Arts Area") and as shown on the attached map, the following provisions shall apply, and to the extent activity is permitted as set forth below, that activity shall not be in violation of this section:
(A) Permits. A person or entity must obtain a permit to: operate sound equipment audible to the public. A person seeking a permit to operate sound equipment must complete and file a written application for a permit with the City Administrator and/or person designated by the City Administrator. Except where otherwise provided in this section, the City Administrator and/or person designated by the City Administrator shall issue a permit to a person who submits an application that meets the requirements of this section.
With respect to permits issued for sound equipment audible to the public, the following definitions and procedures shall apply:
"A" weighted scale means the sound pressure level, in decibels, as measured with the sound level meter using the "A" weighted network (scale). The standard unit notation is “dB(A).”
C-weighting means a frequency response adjustment of a sound level meter with a "C-weighting" filter, as defined by the American National Standards Institute, that analyzes the sound source signal with approximately equal weight to all frequencies. Measurements made with this weighting are designated "dBC."
Decibel means sound pressure level as measured by a sound level meter using the "A" weighting network and either the slow or fast meter response as specified by the American National Standards Institute.
Noise measurements shall be employed by the City of West Columbia Police Department in the following manner:
a. Unless otherwise specified by permit, noise measurements shall be made using a sound level meter taken from the property line closest to receiving property.
b. The decibel limits prescribed under this section must be measured with a sound level meter approved by the City of West Columbia Police Department.
c. No individual other than the sound level meter operator(s) shall be within ten (10) feet of the sound level meter during the sample period.
d. Sound measurements shall be conducted at that time of day or night when the suspect noise is emitting sound.
e. The sound level meter shall be employed in accordance with the manufacturer's instructions.
f. It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the taking of sound level measurements.
Receiving property means any property zoned and used as residential on which uninvited noise is plainly audible.
Sound level means, in decibels, a weighted sound pressure level determined by the use of a sound level meter whose characteristics and frequency weightings are specified in ANSI standards.
Sound level meter is an instrument including a microphone, an amplifier, an output meter, and "A" and/or "C" frequency weighting network for the measurement of sound levels that conforms to American National Standards Institute (ANSI) Standard S 1.4-1971 "Specifications for Sound Level Meters", or the latest revision.
Sound pressure level means, in decibels, twenty (20) times the logarithm to base 10 of the ratio of the magnitude of a particular sound pressure to the standard reference pressure. The standard reference pressure is 0.0002 microbars.
(B) Restrictions on permits affecting residential properties. The limitations in this section apply to all permits for the use of sound equipment authorized.
1. The City Administrator and/or person designated by the City Administrator may not issue a permit for use of sound equipment within one hundred (100) feet of property zoned and used as residential, except as set forth in this section.
2. The City Administrator and/or person designated by the City Administrator may issue a permit for use of sound equipment for property that is:
a. Beyond one hundred (100) feet but within six hundred (600) feet of property that is zoned and used as residential, between:
A. 10:00 a.m. and 9:00 p.m. on Sunday through Thursday;
B. 10:00 a.m. and 11:00 p.m. on Friday or Saturday; or
C. 10:00 a.m. and 10:00 p.m. on Sunday through Thursday and 10:00 a.m. and 12:00 midnight on Friday or Saturday based on the following factors:
(i) Agreements with owners of nearby property;
(ii) The code compliance history of the site; and
(iii) Public health and safety based on compatibility with adjacent land uses; and
b. Beyond six hundred (600) feet of property that is zoned and used as residential, between 10:00 a.m. and 12:00 a.m.
(C) Outdoor music.
1. Unless a more restrictive decibel limit is required by a condition in a permit, a sound impact plan, or by another provision of this section, sound equipment for which a permit has been issued under Subpart (D) (Live Music Permits) may be operated at the following decibel levels:
Up to eighty-five (85) decibels between 10:00 a.m. and:
a. 10:30 p.m. on Sunday through Wednesday;
b. 11:00 p.m. on Thursday; or
c. 12:00 midnight on Friday, Saturday, or the night before New Year's Day.
(D) Live music permits. A live music permit is required under this subpart to use sound equipment for outdoor music that involves the amplification of sound from instruments, vocal and instrument microphones, turntables, and digital or analog devices used as part of a performance requiring human operation from song to song. The City Administrator and/or person designated by the City Administrator may issue a one (1)-year permit authorizing the use of sound equipment for outdoor music on an ongoing basis, subject to the requirements of this section.
1. A sound impact plan is required for an application for a live music permit under this section, which shall include the following:
a. Sound-mitigating design features;
b. Prescribed decibel levels and hours of operating;
c. Availability and use of sound level meters on site;
d. Contact information and hours of availability for an individual responsible for sound; and
e. Any other elements required by the City Administrator and/or person designated by the City Administrator.
After a permit has been issued, the City Administrator and/or person designated by the City Administrator may modify a sound impact plan. A sound impact plan may not be modified until a notice of intent to modify the sound impact plan has been provided to the permit holder.
(E) Provisions applicable to outdoor and live music permits.
1. Not later than the 45th day after receiving an application, the City Administrator and/or person designated by the City Administrator shall provide notice of the application under this section by mail to:
a. The applicant;
b. Owner of a single-family use or property that is zoned and used as residential located within six hundred (600) feet of the site or property included in the application; and
c. Owner of a multi-family use located adjacent to the site or property included in the application.
A. Notice required under this section must: describe the general nature of the application; identify the applicant and the location of the site or property included in the application; provide a description of the venue and duration of proposed events (including the size of the venue and anticipated attendance; whether the sale or consumption of alcohol will be allowed at the event; contact information for the City Administrator and/or person designated by the City Administrator; the date that a decision on the application will be made; and the requirements for becoming an interested party and for appealing a decision on the application).
B. A party seeking a renewal of an outdoor music or live music permit shall submit an application annually. If there are no changes to the sound impact plan and if there have been no violations of the live music permit within the previous twelve (12) months, no notice is required under this section.
C. Notice required under this section is effective upon mailing by U.S. Mail to:
d. An applicant, by mailing notice to the property owner or agent at the address shown on the application or on a written change of address form filed with the responsible director or building official; and
e. An owner of real property, by mailing notice to the owner shown on the records of Lexington County.
2. The City Administrator and/or person designated by the City Administrator shall approve an application if the City Administrator and/or person designated by the City Administrator finds that the conditions included in the sound impact plan are sufficient to mitigate adverse impacts of the proposed venue on adjacent residential, commercial, and civic uses.
If the City Administrator and/or person designated by the City Administrator finds that an application does not meet these requirements, the City Administrator and/or person designated by the City Administrator shall:
a. Request that the applicant revise its proposed sound impact plan;
b. Approve the application subject to additional conditions and restrictions that the City Administrator and/or person designated by the City Administrator determines are sufficient to meet the requirements in Subsection (e)(5)(B) of this section, which may include: (1) limits of attendance and capacity; (2) decibel limits, which may include a requirement to use a C-weighting in addition to standard decibel measurements; (3) location from which sound level measurements will be taken; and (4) hours of operation; or
c. Deny the application. In addition, an application may be denied on the basis that the applicant has been convicted of one (1) or more violations of any current or previous permit issued under this section or if the location has been the site of one (1) or more violations of a permit issued under this section.
d. A decision under this section must: be in writing; describe conditions of approval, including requirements of the temporary event impact plan; and be mailed to the applicant and any interested party within three (3) days after the decision is issued.
e. For purposes of this section, an interested party is the applicant and any party that communicates an interest in the application to the City Administrator and/or person designated by the City Administrator prior to a decision on the application and that is entitled to notice under this section.
f. An interested party may appeal a decision by the City Administrator and/or person designated by the City Administrator relating to any permit application under this section using the same means, method, and procedure applied for appeals of business licensing decisions under this Code of Ordinances.
3. The owner or operator of a site or property for which a permit has been issued under this section shall prominently post signs that include the following information:
a. The name and address of the site or property and the type of live music permit issued;
b. The name and address of the owner or operator of the site or property;
c. The decibel limits for operation of sound equipment at the site or property;
d. The hours during which sound equipment may be used at the site or property; and
e. The date on which the permit for the site or property expires.
(f) The owning, possession or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive area. For the purpose of this chapter, "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously or incessantly for a period of ten (10) minutes, or barks intermittently for one-half (½) hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. However, a dog shall not be deemed a "barking dog" if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
(g) The complaints of more than one (1) persons and/or the complaint of a police officer are prima facie evidence that a sound regulated by this section annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in violation of this article unless an exception applies as set forth in subsection (e) of this section.
(h) Violation of this article is a misdemeanor and is punishable, as provided in chapter 6 of title 1 of the code of ordinances of the City of West Columbia.
(i) Any persons violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding nine hundred dollars ($900.00) or be imprisoned in the county jail for a period not exceeding thirty (30) days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(j) In addition to the penalty provided by subsection (i) of this section, and as an additional remedy, the operation or maintenance of any device, instrument or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. of 10/3/00, as amended by Ord. of 5/3/05; as amended by Ord. of 6/19/23)