Section
97.01 General prohibitions of unreasonably loud, disturbing and unnecessary noise prohibited
97.02 Enumeration of unlawful noises
97.03 Loudspeakers and amplifiers; use on vehicles
97.04 Exceptions
97.05 Permits for relief from allowable noise level limits
97.99 Penalty
Statutory reference:
Municipality’s authority to regulate noise emissions, see G.S. § 160A-184
(A) The creation and continuance of any loud, disturbing and unnecessary noise in the town is prohibited. It shall be unlawful for any person or business to cause, make or contribute to creating any loud or disturbing noise of a character, intensity or duration as to be detrimental to the life or health of any individual, or noises so as to disturb the quiet and peace of any citizen of the town.
(1985 Code, § 97.01)
The following acts are declared to be loud, disturbing, annoying and unnecessary noises in violation of this chapter. However, this enumeration shall not be deemed to be exclusive:
(A) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger, warning or emergency signal, by blowing or sounding any signal device on a motor vehicle for the purpose of attracting the attention of any person on the streets or in a building except that the person is in danger; or in compliance with the laws of the state;
(B) Allowing or permitting any animal or bird to bark, whine, howl or yowl in an excessive, continuous or untimely fashion, or to make other noise continuously and/or excessively for a period of ten minutes or more, or who barks, bays, cries, howls or makes any other noise intermittently for one-half hour or more to the disturbance of any person or business at any time;
(C) Loud, disturbing and unnecessary noise emanating from vehicles, radios, boomboxes or the like upon public street, sidewalks, public vehicular areas or public property, which is clearly audible at a distance of more than 50 feet from the source of the noise, measured in a straight line from the source of the noise;
(D) The operation or use of any machine or device, commonly known as a loudspeaker, or sound amplifying equipment, for the amplification of music, the human voice, or any other noise or sound upon the public streets, sidewalks, public vehicular areas or public property;
(E) No person shall operate or cause to be operated any source of sound from any occupancy in a manner so as to endanger the physical and emotional health and welfare of the people, interfere with legitimate activity, depress property values, offend the senses, create public nuisances, and in other respects reduce the quality of life:
(1) It shall be unlawful for any sound described to be audible from a distance of 100 feet from the occupancy; and
(2) The distance of 100 feet will be measured in a straight line from or within the property line of the occupancy from which the sound emanates.
(F) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or in a manner as to create loud or unnecessary squealing, grating, grinding, rattling or other noise;
(G) 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;
(H) The discharge into the air of the exhaust of any stationary internal combustion engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(I) The erection, excavation, demolition, alteration or repair of any building, infrastructure or other structure in a residential or business district other than between the hours of 7:00 a.m. and 8:00 p.m. will not be allowed, with the exception of emergency repairs;
(J) The creation of any excessive noise on any street adjacent to any school, institution of learning, court, church or Town Council chambers while the same are in session, or within 100 feet of any hospital, where the noise is loud, disturbing or unnecessary;
(K) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood; and
(L) 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.
(1985 Code, § 97.02) (Ord. 2013-05, passed 7-18-2012) Penalty, see § 97.99
The use of mechanical loudspeakers or amplifiers on trucks, boats, airplanes or other vehicles for advertising or other purposes, not otherwise permitted by this chapter, shall be deemed a violation of this chapter; provided, however, that in the exercise of free speech, loudspeakers or amplifiers may be used for noncommercial purposes under the following conditions: It shall be unlawful for any person to speak into a loudspeaker or amplifier within the town when the loudspeaker or amplifier is so adjusted that the voice of the speaker is amplified to the extent that it is audible at a distance in excess of 100 feet from the person speaking.
(1985 Code, § 97.03) (Ord. 2013-05, passed 7-18-2012) Penalty, see § 97.99
(A) Noise associated with the chimes or bells of businesses, schools, camps or religious institutions in the daytime hours, provided they operate for not more than ten minutes in any hour.
(B) Noise associated with or resulting from the normal operations of any facility that is properly licensed by the North Carolina Department of Agriculture, Veterinary Division, as a Boarding Kennel, Pet Shop, or Dealer in accordance with the North Carolina Animal Welfare Act (G.S. §§ 19A-20 et seq.), as may be amended, or of any animal shelter by the county or town.
(C) Non amplified crowd noises resulting from activities planned by student, governmental, camp or community groups.
(D) Noise associated with any event in recognition of a community celebration of national, state or county events, public festivals or events sponsored by the local government.
(E) This noise chapter will not be applicable to any activities conducted within a special amusement district.
(1985 Code, § 97.04)
Applications for a permit for relief from the maximum allowable noise level limits designated in §§ 97.01 through 97.04 above may be made in writing to the Chief of Police or his or her designee. Any permit granted by the Chief of Police or his or her designee under this chapter must be in writing and shall contain all conditions upon which the permit shall be effective. The Chief of Police or his or her designee may grant the relief as applied for under the following conditions.
(A) General conditions and requirements. The Chief of Police or his or her designee may prescribe any reasonable conditions or requirements he or she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound attenuating devices.
(B) Permits. Permits may be granted under the following conditions:
(1) The function must be staged between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday and 9:00 a.m. and 12:00 midnight Friday and Saturday;
(2) The function must be open to the public;
(3) The function must take place on public property or public vehicular areas of shopping centers; and
(4) The function may take place on private property provided that the sound is not excessively loud at a distance of 300 feet.
(C) Other conditions:
(1) No more than four permits may be issued to any one individual or organization within a calendar year;
(2) The special permit may be issued for no more than three consecutive days, renewable by further applications and at the discretion of the Chief of Police or his or her designee; and
(3) Permits must be applied for at least three business days prior to the scheduled event date. Exceptions can be authorized by the Chief of Police or his or her designee.
(D) Permit not required. The following activities would not require a noise permit: construction, demolition, public utility work, emergency repairs, governmental activities and any other activity deemed appropriate by the Chief of Police or his or her designee.
(E) Denial. A permit may be denied if a violation of the noise regulation or any other local, state or federal law has previously been violated.
(1985 Code, § 97.05)
Effective July 1, 2012, violation of this Chapter 97 shall subject the offender to civil penalties of not more than $50. Each day that any of the provisions of this Chapter 97 are violated shall constitute a separate offense. Pursuant to G.S. § 160A-175, all criminal penalties for these violations as set out in G.S. § 14-4 are hereby removed. Civil penalties may be recovered by the town in a civil action in the nature of the debt.
(Ord. 2013-05, passed 7-18-2012)