Noise Control Regulations
ARTICILE I
This Ordinance shall be known and cited as the Noise Control Ordinance of Transylvania County, North Carolina.
ARTICLE II
This Ordinance is adopted under the authority and provisions
of the General Statutes of the State of
ARTICLE III
The purpose of this Ordinance is to establish an effective
means of regulating and controlling loud and offensive sound and noise within
ARTICLE IV
This Ordinance shall apply to all areas of
ARTICILE V
SECTION 1: Noise Regulations - It shall be unlawful for any person or persons to make, permit, continue, or cause to be made or to create any unreasonably loud and/or disturbing noise in the County.
In determining whether a noise is unreasonably loud and/or disturbing, the following factors are to be considered: Time of day; proximity to residential structures; whether the noise is recurrent, intermittent, or constant; the volume and intensity; whether the noise is enhanced in volume or range by any type of electronic or mechanical means; whether the noise is related to the normal operation of a business or other labor activity; and whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
SECTION 2: Exempted Noises - The following noises are exempt from this Ordinance:
2.1 Sound emanating from regularly scheduled outdoor athletic events.
2.2 Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government; provided all equipment is operating in accordance with the manufacturer's specifications and with all standard equipment manufacturer's mufflers and noise-reducing equipment in use and in properly operating condition.
2.3 Noises of safety signals, warning devices, emergency pressure valves, factory steam whistles and all mechanical and electronic church bells or chimes.
2.4 Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency.
2.5 All noises coming from the normal operations of aircraft (not including small model aircraft).
2.6 All noises coming from motor vehicles properly equipped with the manufacturer’s standard mufflers and noise-reducing equipment.
2.7 Noise from lawful fireworks and noisemakers on holidays.
2.8 Lawn mowers and other
residential, small-engine equipment used between
2.9 Musical accompaniment at military ceremonies that is taped outdoor music, or music played with instrument not electrically amplified.
2.10 Farming operations shall be exempt from the operation of this ordinance.
SECTION 3: Noises Prohibited - The following noises are prohibited.
3.1 Noise or sounds that are substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order.
3.2 Noise that is perceived by a person of ordinary and reasonable sensibilities as interrupting the normal peace and calm of an area or neighborhood.
3.3 Dogs or any other constrained animals that, by frequent or habitually howling, yelping, barking or otherwise cause loud noises and produce seriously annoying disturbance to any person or to the neighborhood between the hours of 9:00 pm to 7:00 am.
ARTICLE VI
SECTION 4: Enforcement - The County Sheriff or his appointee shall be responsible for enforcing this Ordinance.
SECTION 5: Penalties - Upon first offense, the enforcement officer shall issue a warning. If the violation continues, the enforcement officer may issue a citation(s) subjecting the violator to a criminal misdemeanor fine.
ARTICLE VII
SECTION 6: Conflict with other Laws - Whenever the regulations of this Ordinance conflict with the requirements of another statute, the more restrictive standard shall govern.
SECTION 7: Separability - Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.
SECTION 8: Effective Date - This Ordinance shall take effect and be enforced on and after the date of its adoption by the Board of Commissioners of Transylvania County, this 22nd day of October 2001.
Ray Miller, Chairman
Sandra P. Jameson, Clerk to Board