(A) Definitions. The following terms shall apply to this section as written unless context indicates or requires a different meaning.
NOISE DISTURBANCE. Any sound or combination of sounds which, because of its volume, type or quality, tends to disturb reasonable persons of normal sensitivity or normal human activity.
PERSON RESPONSIBLE. An owner, tenant, occupant, employee, agent or any other person who is responsible for the creation or causing of noise disturbance. The person responsible for and in charge of the commercial establishment or activities on the premises is responsible and liable for any violations of this article.
PUBLICLY SANCTIONED EVENTS. Gatherings, public dances, shows, concerts, sporting events, and other similar outdoor events for which a permit has been obtained from the appropriate permitting authority. The Wilkesboro Town Council, and/or designee, acts as the permitting authority for publicly sanctioned events.
RESIDENCE. Any real property which is properly zoned for residential use in accordance with the zoning ordinance and official maps of the Town of Wilkesboro and contains a structure or building in which one or more persons may reside.
(B) Sounds impacting residential life.
(1) The creation and continuation of any unreasonably loud or disturbing noises in the town is hereby prohibited. It shall be unlawful for any person to cause, make or contribute to creating any loud or disturbing noise of the character, intensity or duration as to be detrimental to the life or health of any individual. This section shall not apply to operations which are carried on in such a manner or in such a location as not to create sounds that are plainly audible.
(2) These regulations shall not apply to emergency operations designed to protect the public health, safety, and convenience as well as activities described below in division (C) Exemptions to sounds impacting residential life.
(3) The following, as they affect normal and customary activities in and around residences, are deemed to be unreasonably loud or disturbing:
(a) Creation of unreasonably disturbing noise at any time.
1. The Wilkesboro Police Chief and/or Wilkesboro Town Manager and their assigned designee will make interpretation as to whether or not a sound is unreasonable or disturbing.
2. Factors considered for determining whether noise is unreasonable or disturbing:
a. Proximity of sound to residential areas.
b. The land use, nature, and zoning of the area from which the sound emanates and the area where the sound is received.
c. The time of day or night the sound occurs.
d. Duration of the sound.
(b) Animals which cause reoccurring noise at a disturbing volume level.
(c) The operation of noise generating equipment, tools, and devices between the hours of 9:00 p.m. and 6:00 a.m.
(C) Exemptions to sounds impacting residential life. Sounds caused by the following are exempt from the prohibitions against sounds impacting residential life:
(1) Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property;
(2) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of collision, civil defense, police activity, or imminent danger;
(3) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;
(4) Repairs or excavations of bridges, streets, highways or other utilities as well as manufacture of materials necessary to support these activities in a timely manner by or on behalf of the Town of Wilkesboro, the State of North Carolina, or the United States Government, between the hours of 9:00 p.m. and 6:00 a.m., when public welfare and convenience renders it impractical to perform the work between 6:00 a.m. and 9:00 p.m.;
(5) Outdoor school and playground activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events; and
(6) Publicly sanctioned outdoor events. Outdoor gatherings, public dances, shows, concerts, sporting events, and other similar outdoor events for which a permit has been obtained from the appropriate permitting authority. The Wilkesboro Town Council and/or designee acts as the permitting authority for publicly sanctioned events. Events sponsored by the Town of Wilkesboro are implicitly sanctioned.
(D) Commercial establishments within and around Central Business District. The following as they affect normal and customary activities in and around Downtown Wilkesboro are deemed to be unreasonable, disturbing and unlawful:
(1) Monday through Thursday: Sound amplifying equipment shall not be operated outdoors Monday through Thursday after 10:00 p.m. and before 10:00 a.m.
(2) Friday and Saturday: Sound amplifying equipment shall not be operated outdoors Friday and Saturday after 11:00 p.m. and before 10:00 a.m.
(3) Sunday: Sound amplifying equipment shall not be operated outdoors Sunday before 2:00 p.m. and after 8:00 p.m.
(E) Events that require permits.
(1) The Wilkesboro Town Council and/or designee has the sole discretionary authority to permit publicly sanctioned outdoor events. Publicly sanctioned event applications and permits shall be filed with the Town Clerk, who shall present them to the Town Council at the next meeting thereof after filing.
(2) The Town Council will make their determination after considering whether the event provides a benefit to the public at large which exceeds the possible detrimental effects of the noise the event may generate.
(3) In approving an application and granting a permit under this section, the Town Council may require compliance with stipulations as the council may see fit to impose, and the application and stipulations shall be deemed to be a part of the permit, and any violation thereof shall be unlawful and shall render the permit null and void.
(4) Certain permits may require fees. See schedule of fees for guidance.
(Ord. 2020-03, passed 6-15-2020)