(A) Statement of policy. It is the policy of the Town of Wrightsville Beach to maintain a peaceful community while recognizing that certain noises are generated by the acceptable economic and recreational activity of a vibrant community. The goal of the town is to encourage such activity while ensuring that time periods during which many residents are customarily at rest or have an expectation of peaceful enjoyment of their residences are not disturbed by unacceptable levels or types of noise.
(B) Interpretations and definitions. For purposes of this chapter, the following interpretations and definitions shall apply.
(l) When the word "REASONABLE" is used herein, it shall be evaluated with reference to the normal expectations for sound during normal waking hours versus the normal expectations for sound during normal sleeping hours, with a higher level of sound acceptable during the day and a lower level of sound acceptable during the night. It shall also be evaluated with reference to the location involved, with a higher level of noise expected and tolerated if generated within a commercial district within the town and a lower level of noise expected and tolerated if generated within a residential district within the town.
(2) A "REASONABLE PERSON" is one who is moderate, fair and sensible. Although enforcement of this chapter shall often be the result of a complaint received by the town, in each instance where a complaint is received and the standard of "reasonableness" invoked, a Wrightsville Beach police officer answering the complaint shall separately determine, based upon his or her investigation and in light of the circumstances of the situation, whether the noise in question is at an "unreasonable" level pursuant to the provisions of this Chapter 97
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(3) Whether a sound is "AUDIBLE WITHIN A PERSON'S TEMPORARY OR USUAL PLACE OF ABODE" shall be determined with one or more windows of the complaining party open, assuming weather conditions during which it is reasonable and customary for one or more windows to be open.
(4) Noise is "DISTURBING" if it is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of an area.
(5) "UNREASONABLY LOUD NOISE" shall mean noise which is loud, raucous and disturbing which unreasonably obstructs, disturbs, injures, or endangers the comfort, health, peace, or safety of reasonable persons of ordinary sensibilities.
(Ord. 1810, passed 9-10-20)