Noises That Tend To Annoy OrdinanceAN ORDINANCE PROHIBITING THE PRODUCTION
SPEECH, MUSIC OR OTHER SOUNDS THAT TEND
CITIZENS OF TILE COUNTY
V�
OR EMISSION OF NOISE OR AMPL FIED 6�-2
TO ANNOY, DISTURB OR FRIGHTEN Cue ZV— 0�
BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY.
Section 1. Authority.
This Ordinance is adopted pursuant to North Carolina General Statute
153A -133 and for the purpose of prohibiting the production or emission of
noises or amplified speech, music or other sounds that tend to annoy, disturb
or frighten citizens of this county.
Section 2. Day Time Noises.
Subject to the provisions of this Ordinance, the creation of any
unreasonably loud, disturbing and unnecessary noise in Harnett County
between the hours of 7:00 a.m. and 10:00 p.m. (EST or EDT whichever is then
in effect) within one hundred (100) yards of a dwelling unit, house, trailer,
or other building ordinarily occupied by another person, when such person
who owns or is in control of such building has not given prior consent, or
within twenty five (25) yards of a publicly maintained road or public
vehicular area, is prohibited.
Section 3, Night Time Noises.
Subject to the provisions of this Ordinance, the creation of any
unreasonably loud, disturbing and unnecessary noise in Harnett County
between the hours of 10:00 p.m. and 7:00 a.m. the following morning (EST or
EDT whichever is then in effect) within three hundred (300) yards of any
dwelling unit, house, trailer, or building ordinarily occupied by another
person, when such person who owns or is in control of such building has not
given prior consent, or within twenty five (25) yards of a publicly maintained
highway or public vehicular area, is prohibited.
Section 4. Noises Detrimental to Life or Health.
Noise of such character, intensity and duration as to be detrimental to
the life or health of any individual is prohibited within Harnett County no
matter what the distance or source of such noise is from any dwelling unit,
house, trailer, or building occupied by such other person, unless the person
in control of such unit, house, trailer, or building has given specific
consent for such noise to continue.
_ Section 5. Noises Expressly Prohibited.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Ordinance, but said enumeration
shall not be deemed to be exclusive, namely:
(a) Blowing Horns: The sounding of any horn or signal on any automobile.
motorcycle, bus, or other vehicle, except as a danger signal, so as
to create any unreasonably loud or harsh sound, or the sounding of
such device for an unnecessary and unreasonable period of time.
(b) Radios, Phonographs, etc.: The playing of any radio, phonograph or
other musical instrument in such manner or with such volume, as to
unreasonably annoy or disturb the quiet, comfort, or repose of any
person in any dwelling, unit, house, trailer, building or- other
type of residence.
(c) Pets: The keeping of any animal or bird, which, by causing frequent
or long continued noise, shall unreasonably disturb the comfort and
repose of any.person.in the vicinity.
(d) Use of Vehicle: The.use of any automobile, motorcycle, or vehicle
so loaded or operated in such manner as to create an unreasonably
loud or unncessary grating, grinding, rattling or other noise.
�6
(e) Blowing Whistles: 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.
Section 6. Penalty.
If any person shall violate any provision, rule or regulation of this
Ordinance, he shall be guilty of a misdemeanor and upon conviction punished
as prescribed by North Carolina General Statute 14 -4. Each day that a person
shall continue to do any act in violation of such provision, rule or
regulation shall constitute a distinct and separate offense.
Section 7. Severability.
If any section, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
Duly adopted by the Harnett County Board of Commissioners this the
third day of November, Nineteen Hundred and Eighty.
I, H. D. Carson, Jr., Clerk to the Board, do hereby certify that this is a
true and accurate copy of the ordinance entitled "AN ORDINANCE PROHIBITING THE
PRODUCTION OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC OR OTHER SOUNDS
THAT TEND TO ANNOY, DISTURB OR FRIGHTEN CITIZENS OF THE COUNTY" which was
duly adopted by the Harnett County Board of Commissioners on the third day
of November, Nineteen Hundred and Eighty, and is duly recorded in the
Harnett County Ordinance Book 1, Page 223.
Seal
-2-
H. D. Carson, Jr., Clerk to the Board
November 31 1980
SUBJECT, Noise Control Ordinance
TO: All Personnel
An Ordinance Prohibiting the Production or Emission -of Noises or Msplified
1lusic or Other Sounds that tend to Annoy, Disturb, or Frighten Citizens
Speech,
of tlse County, was adopted, (pursuant to C. S. 153A - 133), by tlse Harnett
County Board of Commissioners, meetinE in regular session on Monday, November
3, 1980, at 9:00 A. Pi. in the Commissioners Room, County Office Building,
Lillington, N. C.
Attached is an exact text of the Ordinance so that you as law enforcement
officers may be aware that it exists. Please read carefully and cosnpretsessd
fully.
My suggestion to officers is not to run out and make arrests right away but
vention" of
statute as a law enforcement tool for the "Pre
that you
use this s
omplaint that
violatio:ss as much as possible. For example, if you receive a c
loud, this
a.percon in a trailer park has the stereo turned up excessively
statute may be used as a tool for violation of tlse ordinance_ Prior to the
drafting of such ordinance, there wan virtually nothing you could do to !save
such person to turn down his Stereo except persuading him to turn it down
voluntarily- With the enactment of thin orJlnnnce, you may thr.entun' Co give
ion, go obtain a criminal summons for his appearance in
him a criminal citat
` court, or even obtain a criminal warrant for _his arrest.
not committed in your presence, you are not
Of course, like most misdemeanors
authorized to arrest for such misdemeanor without a warrant unless you have
ren-
probable cause to believe tlia't"he °committed, a misdemeanor outside your p - -
ence•and you also have reasonable grounds to believe that unless you make an
arrest immediately, such person will injure someone else, damage property, or
escape. Of course, if the crime is committed in your presence, you may make
an arrest for such misdemeanor immediately.
'I caution all law enforcement officers, however, to be very prudent in exer-
.cising your judgment if you decide to make an arrest. Remember that the stat-
ute'forbids only noises which are:
(1) Unreasonably loud
(2) Disturbing
(3) Unnecessary
The noise must be unreasonably loud, disturbing, and unnecessary before you
may take such action, as a practical matter, unless someone voices a complaint
to you that it is "disturbing ", I would be hesitant.to take action.
Remember also•that the statute deals with noises which are " Unreasonably loud"
and "unnecessary" as in all situations, the question of "reasonableness" may
depend upon the particular fact situation. A loud stereo played in the middle
of a densely populated trailer park, for example, is probably "unreasonable ",
while on the other hand, a loud stereo being played at a house several hundred '
yards fic'm the nearst neighbor'is probably not unreasonable.
I have set out the statute below for every officer. Please keels in mind when.
enforcing this ordinance that you are still bound by the requirements for mak-
ing an. arrest set forth in C. S. 15A - 401, that is while you may arrest for
a'misdemeanor committed in your presence, if the crime is not committed in your
,presence, you must have probable cause to believe that the misdemeanor was
committed and you must also have r-easonable- grounds to believe that someone will-
be injured,.property will be damaged, or the subject will escape before you can
make an arrest without a warrant.
Pfy- Bug gestion is that in these situations you issue a criminal citation for
violation of`this statue:
Lewis C. Rosser
Sheriff, Harnett County
9
i
AN ORDINANCE PROHIBITING THE PRODUCTION OR 12•IISSIOiJ OF 140ISES Olt A14PLIFIED
SPEECH, MUSIC OR 0111ER SOU1lD5 THAT TEIID TO ANNOY, DISTURB Olt FRIGHITI -N
CITIZENS OF 111E COU14TY
BE IT ORDAINED BY 171E COUNTY BOARD OF CCIRJISSIOIJERS OF HARNETT COUNTY.
Section ].. Authority:
This Ordinance is adopted pursuant to North Carolina General Statute
153A -mlD and for the purpose of prohibiting the production or emission of
noises or .amplified speech, music or other sounds that tend to annoy, disturb
or frighten citizens of this county.
Section 2. Day Time Noises.
Subject to the. provisions of this Ordinance, the creation of any
unreasonably loud, disturbing and unnecessary noise in Harnett County
between the hours of 7:00 a.m. and 10:00 p.m. (EST or EDT whichever is then
.. in effect) -wi.thin one hundred (100) yards of a dwelling unit, house, trailer,
or other building ordinarily occupied by another person, when such person
who owns or -is in control of such building has not given prior consent, or
- within twenty five (25) yards of a publicly maintained road or public
vehicular area, is prohibited.
Section 9. Nipht Time Noises.
Subject to the provisions of this Ordinance, the creation of any
unreasonably loud, disturbing and unnecessary noise in Harnett County
between the hours of 10:00 p.m. and 7:00 a.m. the follow-ing morning (EST or
EDT whichever is then in effect) within three hundred (300) yards of any
dwelling unit, house, trailer, or building ordinarily occupied by another
person, 'when such person who owns or is in control of such building has not
given prior consent, or within twenty five (25) yards of a publicly maintained
highway or public vehicular area, is prohibited.
Section 4. Noises Detrimental to Life or health.
Noise of such character, intensity and duration as to be detrimental to
the life or health of any individual is prohibited V:rithin Harnett County no
matter what the distance or source of such noise is from any dwelli.ng unit,
house, trailer, or building occupied by such other person, unless the person
in control of such unit, house, trailer, or building has given specific
consent for such noise to continue.
Section 5, Noises Exnress].v Prohibited.
The•follorring acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Ordinance, but said enwneration
•shall not be deemed to be exclusive, namely:
(a) Blowing_ Horns: The sounding of any horn or signal on any automobile,
motorcycle, bus, or other vehicle, except as a danger signal, so as
• - -- to create any unreasonably loud or harsh sound, or the sounding of
such device for an unnecessary and unreasonable period of time. -
(b) Radios. Phonopraphs etc.: Ilia playing of any radio, phonograph or
other musical instrument in such manner or with such volume, as to
unreasonably annoy or disturb the quiet, comfort, or repose of any
person in any dwelling, unit, house, trailer, bui.ldiug or oLhcr
type of residence,
(c) Pats: Ilia keeping of any animal or.bird, which, by causing frequent'
or long continued noise, shall unreasonably disturb the comfort nod
repose of any person in the vicinity.
(d) 1129 of_Vchiclai The use of uny automobile, motorcycle, or vehicle
so loadcd or op9rated in such matuter as to create an unreasonably
loud or unncessary grating, grinding, rattling or other noise.
(e) I3.lo�rinr iA�istic ^• 171c blowing of -any steam whistle attached to
,j" '. any stag yp Y boiler, except to give notice of the time to begin
J or. stop work or as a warning of danger.
Section 6. Penalty
If any person shall violate any provision, rule or regulation of this
Ordinance, }le shall be guilLy of a misdemeanor and upon conviction punished
as prescribed by North Carolina General Statute 114 -4. Each day that a person
shall continue to do any act in violation of such provision rule or
,
regulation shall constitute a distinct and separate offense.
Section 7, Severability.
If any section, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
r.
.2•-
0