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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)