HomeMy WebLinkAboutProposed Text Amendment Noise Ordinance1
ATTACHMENT
NOISE ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Harnett County Board Of Commissioners
Jim Burgin, Chairman
Gary House, Vice Chairman
Beatrice Hill
Gordon Springle
Joe Miller
Adopted
June 17, 2013
____________________________________________________________________________________
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Table of Contents
Section 1 Title …………………………………………………....................... 3
Section 2 Purpose …………………………………………………………… 3
Section 3 Findings ………………………………………………………….. 3
Section 4 Authority and Enactment ………………………………………. 4
Section 5 Jurisdiction ………………………………………………………. 4
Section 6 Administration …………………………………………………… 4
Section 7 Severability ………………………………………………………... 4
Section 8 Conflict with Other Laws ……………………………………… . 4
Section 9 Amendment ………………………………………………………. 4
Section 10 Replacement of Existing Ordinance ………………………… 4
Section 11 General Prohibition ……………………………………………… 4
Section 12 Loud and Unreasonable Noise ……………………………….. 5
Section 13 Noises Expressly Prohibited …………………………………. 5
Section 14 Exceptions ……………………………………………………….. 7
Section 15 Permissible Noise Level Limits ………………………………. 8
Section 16 Methods of Noise Level Measurement ………………………. 8
Section 17 Data Documentation and Recordation ……………………… 9
Section 18 Complaint Procedure and Enforcement …………………….. 9
Section 19 Penalties ………………………………………………………….... 10
Section 20 Right of Appeal and Appeal Hearing Board………….………. 11
Section 21 Definitions…. ……………………………………………………… 12
Section 22 Effective Date……………………………………………………..... 12
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Section 1 Title
This Ordinance shall be known and cited as the “Harnett County Noise Ordinance”
(hereinafter referred to as “Ordinance”).
Section 2 Purpose
The purpose of this Ordinance is to protect, preserve, and promote the health, safety,
welfare, comfort and prosperity of the citizens of Harnett County through regulation of the
production and emission of noises or amplified speech, music or other sounds that tend
to annoy, disturb or frighten the County residents.
Section 3 Findings
(a) Harnett County finds that inadequately controlled noise offers serious hazards to the
public health, safety and welfare, and a source of annoyance to the population of the
County. Unreasonably loud and disturbing noise tends to degrade the environment to
a degree that:
1. Is harmful to the health, welfare and safety of Harnett County inhabitants and visitors;
2. Interferes with the comfortable enjoyment of life and property;
3. Interferes with the wellbeing, tranquility, and privacy of the home; and
4. Both causes and aggravates health problems.
(b) Both the effective control and elimination of unreasonably loud and disturbing noise is
essential to the health and welfare of the County’s inhabitants and visitors, and to the
conduct of the normal pursuits of life, including recreation, work and communication.
(c) The use of sound amplification equipment creates loud and disturbing noise that may,
in a particular manner and at a particular time and place, substantially and
unreasonably invade the privacy, peace, and freedom of inhabitants of, and the visitors
to Harnett County.
(d) Certain short-term easing of noise restrictions is essential to allow the construction
and maintenance of structures, infrastructure, and other elements necessary for the
physical and commercial vitality of Harnett County.
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Section 4 Authority and Enactment
The Harnett County Board of Commissioners of the County of Harnett, pursuant to the
authority conferred by the General Assembly of the State of North Carolina in General
Statues Chapter 153A, Sections 121 and 133 hereby ordains and enacts into law this
Ordinance.
Section 5 Jurisdiction
Under the authority granted by N.C.G.S. 153A-122 the Harnett County is hereby
authorized to enact this Ordinance within the rural areas of the county and outside and
beyond the corporate limits of any municipality of Harnett the County.
Section 6 Administration
The Sheriff’s Office of Harnett County shall be responsible for the administration and
enforcement of this Ordinance.
Section 7 Severability
If any section of specific provision or standard of this Ordinance is found by a court to be
invalid, the decision of the court shall not affect the validity of any other section, provision,
or standard of this Ordinance.
Section 8 Conflict with Other Laws
It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with any
existing provisions of any other ordinances or laws. However, if the requirements of any
other lawfully adopted rules, regulations, or ordinances of the County of Harnett County
conflict with this Ordinance, the more restrictive or that imposing the higher standards will
govern.
Section 9 Amendment
This Ordinance may be amended from time to time by the Harnett County Board of
Commissioners of the County of Harnett on its own motion or on petition and after public
notice and hearing.
Section 10 Replacement of Existing Ordinance
This Ordinance, upon adoption, shall replace and rescind the existing Harnett County
Noise Ordinance adopted on November 3, 1980.
Section 11 General Prohibition
Any person who causes a prohibited noise or; any person that maintains, leases,
rents or owns properties in which a prohibited noise occurs shall be held in violation
of this Ordinance. Prohibited noise includes the following:
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No person shall make, continue or cause to be made or continued:
(a) Any noise that is unreasonably loud and disturbing.
(b) Any noise which unreasonably disturbs, injures or endangers the comfort, repose,
health, peace or safety of reasonable persons of ordinary sensitivity, within the
jurisdictional limits of Harnett County.
(c) Any noise which is so harsh, prolonged, unnatural or unusual in time or place as
to bring unreasonable discomfort to any persons within the neighborhood from
which said noises emanate, or as to unreasonably interfere with the peace and
comfort of neighbors or their guests, or operators or customers in places of
business, or as to detrimentally or adversely affect such residences or places of
business.
(d) Any noise that is produced so that it is plainly audible within the confines of a
structure that is secured in a manner to render a reasonable expectations of having
freedom from disturbance.
Section 12 Loud and Unreasonable Noise
Subject to the provisions of this section, it shall be unlawful for any person or persons to
make, permit, continue or cause to be made or to create any unreasonably loud or
disturbing noise in the County. For purposes of this section, the following definitions shall
apply:
(a) Unreasonably Loud: Noise which is 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.
(b) Disturbing: Noise which is perceived by a person of ordinary sensibilities
as interrupting the normal peace and calm of the area.
In determining whether a noise is unreasonably loud or disturbing, the following factors
incident to such noise are to be considered:
(a) Time of day.
(b) Distance traveled.
(c) Volume and intensity.
(d) The character of the area.
(e) Proximity to residential structures and noise sensitive areas such as:
schools, courts, churches, hospitals, residential care facilities and similar
institutions.
(f) Whether the noise is recurrent, intermittent or constant.
(g) Whether the noise is related to the normal operation of a business or labor activity.
(h) Whether the noise has been enhanced in volume or range by any type of electronic
or mechanical means.
(i) Whether the noise is subject to being controlled without unreasonable effort or
expense to the creator thereof.
(j) Whether the noise is amplified to a level that penetrates the confines of an
enclosed dwelling.
Section 13 Noises Expressly Prohibited
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The following acts generating noise, among others, are declared to be loud, disturbing
and unreasonable 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, whistle or signal device on any
automobile, motorcycle, bus or other vehicle or railroad train, except as a danger
signal or as required by law, so as to create any unreasonable, loud or harsh sound
or the sounding of such device for an period of time greater than ten (10) seconds;
B. Radios, Televisions, Boom boxes, Phonographs, Stereos, Musical Instruments
and Similar Devices: The use or operation of a radio, television, boom box,
stereo, musical instrument or similar device that produces or reproduces sound in
a manner that is plainly audible to any person other than the player(s) or
operator(s) of the device, and those who are voluntarily listening to the sound, and
which unreasonably disturbs the peace, quiet and comfort of neighbors and
passers-by, or is plainly audible at a distance of fifty (50) feet from any person in a
commercial, industrial area or public space.
C. Vehicles: The use of any automobile, motorcycle, dirt bike, go-cart, recreational
vehicle or any other vehicle so out of repair, so modified, so loaded or operated in
such a manner as to create loud or unnecessary grating, grinding, rattling,
screeching of tires or other noise;
D. Exhaust Discharge: The discharge into the open of the exhaust of any steam
engine, stationary internal combustion engine, motor vehicle or recreational
vehicle, except through a muffler or other device which will effectively prevent loud
or explosive noises there from;
E. Blowing Whistles: The blowing of any steam whistle attached to any stationary
boiler except as a warning of danger or to give notice of time to begin or stop work.
F. Compressed Air Devices: The use of any mechanical device operated by
compressed air unless the noise created thereby is effectively muffled and
reduced;
G. 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;
H. Building Operations: The erection (including excavation), demolition, alteration
or repair of any building in a residential area between the hours of 8:00 pm and
6:00 am of any day or in any district other than a residential area between the
hours of 11:00 pm and 6:00 am of any day, except in the case of urgent necessity
in the interest of public safety;
I. Noises Near Schools, Etc.: The creation of any excessive or disturbing noise on
any street or parcel of property adjacent to any school, institution of learning,
library, or court while the same is in session, or adjacent to any hospital, or any
church during services, which unreasonably interferes with the operation or
activities of such institution;
J. Noises to Attract Attention: The use of any drum, loudspeaker or other instrument
for the purpose of attracting attention by creation of noise to any performance,
show, sale, display or advertisement of merchandise;
K. Blowers, Engines: The operation of any noise-creating blower, power fan or any
internal combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise emitting there from is
sufficiently muffled and the engine is equipped with a muffler device sufficient to
deaden noise, so that the same shall not cause annoyance to the public nor
unreasonably disturb the rest and quiet of any person of normal sensibilities on
adjacent premises or within the vicinity thereof;
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L. Loudspeakers or Amplifiers: The use of mechanical loudspeakers or amplifiers
on trucks, airplanes or other vehicles or by any other means for advertising or other
commercial purposes is prohibited. In the exercise of non-commercial free
speech, loudspeakers or amplifiers may be used, subject to the following
conditions:
(a.) It shall be unlawful for any person to speak into a loudspeaker or amplifier
within the jurisdictional limits of the County, when such 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 one hundred and fifty feet
(150’) from the person speaking, except that this prohibition shall not apply
in circumstances surrounding the special operations of law enforcement
and emergency service personnel in the performance of their duties to
protect the public.
M. Gong or Siren: The use of any gong or siren upon any vehicle, other than police,
fire, or other emergency vehicle
Section 14 Exceptions
The following shall be considered an exception and shall be exempt from the provisions
of this Ordinance:
A. Noise emanating from regularly scheduled athletic events of any Harnett County
Schools or Harnett County Parks and Recreation Department facility;
B. Noise resulting from farming and agricultural operations including but not limited
to noises generated by machinery, equipment and farm animals;
C. Noise as the result of normal or routine lawn/yard maintenance and landscaping;
D. Noises from safety signals, warning devices, emergency signaling devices, and of
any authorized emergency vehicle when responding to any emergency call or
acting in time of emergency;
E. Noises generated from the normal operation of properly equipped aircraft;
F. Noise from or at parades, street fairs, and similar festivals and/or concert events
sponsored, permitted or sanctioned by Harnett County;
G. Noise from all churches or any place of worship;
H. Noise from governmental operations;
I. Noise from any sanitation operations;
J. Noise from all lawfully permitted firework displays;
K. Emergency work necessary to restore property to a safe condition following a fire,
accident or natural disaster, to restore public utilities, or to protect persons or
property from an imminent danger;
L. All noises coming from normal operation of motor vehicles properly equipped with
the manufacturer’s standard muffler and noise-reducing equipment;
M. Normal sounds associated with or customary to industrial or manufacturing
operations in the normal course of business, provided that said businesses are
operating in a lawful manner;
N. Noise caused by the discharge of firearms by law enforcement officers in the
performance of their official duties or during the course of official firearms training.
O. Discharge of firearms or other methods utilized in the lawful activity of hunting or
the taking of wildlife.
P. Noise made by dogs while hunting or being lawfully trained by hunters or
emergency service personnel.
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Q. Noise generated by the discharge of firearms at a firing/shooting range that is
operating as a legally permitted facility or a pre-existing facility protected under
NCGS 14-409.46 Sport Shooting Range Protection.
R. Noise resulting from activities of a temporary duration permitted by law and for
which a license or permit therefore has been granted by the County of Harnett.
Section 15 Permissible Noise Level Limits
The permissible noise level limits identify the maximum permitted sound levels for
continuous sound generated in the use categories listed below.
When Land Use Is Adjacent To: Maximum Permissible
Sound Level
7:00 am thru 10:00pm
Maximum Permissible Sound
Level
10:00 pm thru 7:00am
Residential Uses 60 (dB) 55 (dB)
Commercial or Business Uses 75 (dB) 70 (dB)
Manufacturing, Industrial or
Agricultural Uses
75 (dB) 75 (dB)
a) No person shall operate or cause to be operated any source of continuous sound
from any use in such a manner as to create a sound level which exceeds the limits
set forth for the use category listed above, more than ten percent of any
measurement period, which shall not be less than ten minutes.
b) For any source of sound, the maximum intermittent sound level shall not exceed
the permissible sound levels listed above by 15 dB (A) for all categories.
Section 16 Methods of Noise Level Measurement
In the enforcement of this Ordinance, various techniques of measurement shall be
utilized to measure and/or determine if levels of noise are unreasonably loud or
disturbing and fail to be in compliance with the regulations and limitations specified
within this Ordinance. Noise shall be measured by one or more of the following
techniques:
a) Distance:
Noise levels may be measured by the distance that separates the generator of the
noise to the location of the receiver of the noise. This type of measurement can
be utilized by any designee of the Harnett County Sheriff’s Office with ordinary
sensibilities which can detect plainly audible noise and can verify a measurable
distance in linear feet.
b) Duration:
Noise levels may be measured by the amount of time that the noise generated
reaches the receiver of the noise. Noise measured in this manner may be
conducted by any designee of the Harnett County Sheriff’s Office with ordinary
sensibilities and shall be directed to the length of time that the noise is plainly
audible rather than the volume level of the noise.
c) Decibel Level:
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Noise levels utilizing this method of measurement shall be measured from any
point beyond (outside) the property line of the property where the noise generates
or the specified developmental setback distance as specified within the Harnett
County Unified Development Ordinance. Noise level measurements shall be
performed by an authorized agent of the Harnett County Sheriff’s Office that has
been trained in the area of sound level measurement, using a certified sound level
meter. The meter must be set to the “A” weighted response scale and the meter
to slow response. Measurements shall be conducted in accordance with the
standards promulgated by American National Standards Institute or other
reasonable standards adopted or tested by the County of Harnett. Measurements
shall be taken at least three (3) feet above ground and not more than ten (10) feet
above ground.
d) Penetration:
Noise levels may be measured by the detection of sound within an enclosed area
that was generated outside of the enclosed area. This method of measurement
shall be used to verify if noise is being forced into a structure and minimizes the
expectation of having freedom from disturbance. Measurements of this nature
may be performed by any designee of the Harnett County Sheriff’s Office with
ordinary sensibilities that can detect plainly audible noise.
Section 17 Data Documentation & Recordation
A record of all noise level measurements performed utilizing the decibel level method shall
be completed and signed by the individual conducting the noise level testing. The
documentation of the measurement shall contain the following:
a) Date
b) Time of measurement
c) Location of testing sites
d) Location of noise source / generator
e) Noise level readings for each testing site
f) Weather conditions
g) Make, model and serial number of the sound level meter used for testing
h) Date of last certification / calibration of the noise level meter
i) Noise source
j) Responsible party information of the noise source
k) Name and contact information of the complainant
All other methods of noise level measurements shall document the following:
a) Date
b) Time of measurement
c) Location of testing site
d) Location of noise source
e) Noise source
Section 18 Complaint Procedure and Enforcement
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In the event any person has reasonable grounds to believe that any provision of this
Ordinance is being violated, he or she shall make a report thereof to the Harnett County
Sheriff’s Office, which shall investigate the alleged violation. Upon determination of a
violation of the Ordinance, a duly sworn and authorized officer, may utilize
enforcement discretion and issue either a warning citation or a civil citation. If a
warning citation is issued, it shall specify that additional violations will result in a
civil citation and the appropriate penalty.
If the investigation reveals a violation, the investigating officer has the authority to issue
a written warning or civil citation and may obtain criminal process for the violation thereof.
The investigating officer may utilize other enforcement measures as allowed by
law if found to be necessary to render compliance to this Ordinance.
Section 19 Penalties
A violation of this Ordinance shall not constitute a criminal misdemeanor or
infraction. Violations of this Ordinance shall be a local offense and subject the
violator to civil penalties and/or appropriate equitable remedies issued from a
General Court of Justice allowed by N.C.G.S. 153A-123.
The Administrator shall be authorized to use any one (1) or more of the methods described
in this Section, or action authorized by law, to insure compliance with or to prevent a
violation of the provisions of this Ordinance.
19.1 Civil Citation
A civil citation shall subject the violator to a civil penalty in the amount of five
hundred ($500.00) dollars. Citations may be issued and charged as a separate
and distinct offense for each day that the violation continues or occurs. Failure to
pay the penalty within fifteen (15) days from receipt of the notice of civil penalty
shall subject the violator to a civil action in the nature of debt for the stated penalty
plus any additional penalties, together with the cost of the action to be taxed by the
Court.
After issuing a written warning to the violator, a deputy sheriff, or other law enforcement
officer of the County may issue a citation subjecting the violator to a civil penalty to be paid
within ten (10) days. Civil Citations shall be issued as follows:
Initial Detection……………………………………… Written Warning
Reoccurring Detections………………..…………… Civil Citations
1st Citation…........................................................... $50.00
2nd Citation within same 30 day period……………. $100.00
3rd Citation within same 30 day period……………. $250.00
All subsequent violations within 30 day period…… $500.00
Non-payment within Ten (10) days shall result in the issuance of a $50.00 delinquency
charge. The County shall have the right to collect said payments and delinquency charges
through Civil Action.
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19.2 Criminal Prosecution Settlement of Civil Claim
The Harnett County Finance Department is authorized to accept payment in full
and final settlement of the claim(s), right or rights of action which the County may
have to enforce such penalty by civil action in the nature of debt. Acceptance of a
penalty shall be deemed a full and final release of any and all claims, or right of
action arising out of contended violations.
Violations of this Ordinance may constitute a misdemeanor and is punishable as provided
in NCGS 14-4 and the maximum fine; term of imprisonment or infraction penalty allowed
by law is hereby authorized.
19.3 Injunction
Enforcement may also be achieved by injunction. When a violation occurs, the County
may either before or after the institution of any other authorized action or proceeding, apply
to the appropriate division of the General Court of Justice for a mandatory or prohibitory
injunction commanding the defendant, or in the case of counterclaims the plaintiff, to
correct the unlawful condition or cease the unlawful use of the property.
Section 20 Right of Appeal and Appeal Hearing Board
20.1 Right of Appeal
A violator that has received a civil citation may appeal the citation by completing
the appeal notice portion of the civil citation and returning it to the Harnett County
Sheriff’s Office within ten (10) calendar days of the issuance of the citation. Upon
proper appeal, payment of civil penalties shall be suspended pending the findings
of the Appeal Hearing Board. An appeal from the final decision of the Appeal
Hearing Board can be taken to Superior Court by filing a notice of appeal and a
petition for review within ten (10) days of the final decision of the Appeal Hearing
Board. Failure to pay penalties within fifteen (15) days after a responsible finding
by the Appeal Hearing Board will be considered failure to pay a civil penalty and
shall subject the violator to a civil action in the nature of debt for the stated penalty
plus any additional penalties, together with the cost of the action to be taxed by the
Court.
20.2 Appeal Hearing Board
Appeals resulting from the enforcement of this Ordinance will be heard by an Appeal
Hearing Board. The Appeal Hearing Board shall be composed of an appointee from
the Sheriff’s Office, Development Services, County Manager’s Office, Board of
Commissioners and a citizen of Harnett County. The Appeal Hearing Board members
shall be appointed by the Harnett County Board of Commissioners to serve until a
successor is appointed. A designee from the Sheriff’s Office shall provide
administrative support, schedule hearings, issue written findings and maintain records
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of all appeal hearings. The Appeal Hearing Board will meet monthly on the second
Tuesday following the Board of Commissioners work session if scheduled by a
representative of the Sheriff’s Office. Conformation of the hearing will be sent to the
violator, specifying the date, time and location to appear. Any violator that is
scheduled to appear before the Appeal Hearing Board and does not attend or send a
representative on his/her behalf, shall voluntarily waive their right to appeal and be
found in violation of the provisions of the Ordinance. Upon the conclusion of the
hearing, written findings shall be issued to the appellant.
Section 21 Definitions
In addition to the common meanings of words, the following definitions shall be used in
interpreting the sections of this Ordinance.
“A” weighting scale means the sound pressure level, in decibels, as measured with the
sound level meter using the “A” weighted network scale. The standard unit notation is dB
(A).
dB (A) means the sound level in decibels, determined by the “A” weighting scale of a
standard sound level meter having characteristics defined by the American National
Standards Institute, Publication ANSI, 1.4-1983, for a type 2 instrument.
Decibel (dB) means a unit of measure, on a logarithmic scale, of the ratio of the magnitude
of a particular sound measure to a standard reference pressure.
Noise means an unwanted or disturbing sound.
Plainly Audible means any sound that can be detected by a person using his or her
unaided hearing faculties.
Ordinary Sensibilities means to have normal bodily faculties of perception or feeling
without the aid or assistance of a mechanical or external device.
Sound Level means, in decibels, a weighted sound pressure level determined by the use
of a sound level meter whose characteristics and frequency weightings are specified in
ANSI standards.
Sound Level Meter means an instrument which includes a microphone, amplifier, RMS
detector, integrator of time average, output meter, and weighting network used to measure
sound pressure levels.
Section 22 Effective Date
This Ordinance shall take effect and be in force upon adoption.
Adopted this the 17th day of June, 2013.
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