(A) It shall be unlawful for any person to create, or assist in creating, permit, continue, or permit the continuance of, any unreasonably loud, disturbing noise in the town. Noise of the character, intensity, and duration as to be detrimental to the life or health of any individual is prohibited.
(B) The following acts, among others, are declared to be loud, disturbing noises in violation of this section, but the enumeration shall not be deemed to be exclusive, namely:
(1) 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 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 any such signal devise of any unreasonably loud or harsh sound, and the sounding of the device for an 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, loudspeaker, or any other instrument or sound amplifying devices so loudly as to disturb persons in the vicinity thereof, or in a manner as renders a public nuisance;
(4) 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;
(5) The use of any automobile, motorcycle, or other vehicle so out of repair or so loaded in a manner as to create loud 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 to stop work or as a warning of danger;
(7) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(8) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(9) The erection (including excavating), 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 Building Inspector, 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, 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 the institution, provided conspicuous signs are displayed in the 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 the 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 of any vehicle, or 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, and vendors which disturbs the quiet and peace of the neighborhood, or anyone shouting within the corporate limits so as to disturb the peace and quiet of the neighborhood;
(15) 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;
(16) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes, except where specific license is received from the Board of Commissioners; and
(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.
(18) The use for any vehicle equipped with compression brakes (sometimes referred to as “jake brakes”) to downshift and release the clutch to utilize the vehicle’s engine to slow, except in case of emergency along Jefferson Avenue. The burden in each case shall be upon the vehicle operator to establish the existence of the emergency. This prohibition does not apply to the operation of vehicles owned or leased by governmental entities, and which are being operated within the scope and purpose of a governmental use.
(19) No owner shall permit a band or any type of music to be emitted therefrom between the hours of 10:00 p.m. and 9:00 a.m. so that the sound can be heard from the exterior of said structure. Nor shall a band or any type of music be played outdoors:
(a) Between the hours of 10:00 p.m. and 9:00 a.m.
(b) Within 150 feet of a church or funeral home which is to be measured from the stage to the nearest corner of the church or funeral home except between the hours of 6:00 p.m. and 9:00 p.m. on Friday and Saturday night so long as no services are being held at the church or funeral home during those hours.
(c) Unless prior approval has been given by the Town Board at the regularly scheduled monthly meeting for a holiday weekend or special event. Requests must be approved 30 days prior to the event with written request submitted 10 days prior to the regularly monthly meeting. Holidays are to include New Year's Eve, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas.
(Ord. passed 11-1-1990; Ord. passed 12-2-2013; Ord. passed 1-5-2015; Ord. passed 9-14-2020; Ord. passed 10-4-2021) Penalty, see § 93.99
Statutory reference:
Authority to regulate noises, see G.S. § 160A-184