DRAFT -  Greensboro Noise Ordinance July 5, 2005

DELETE and Reserve Sections 18-41 and 18-41.1

ARTICLE IV.  OFFENSES OF UNREASONABLE OR DISTURBING SOUND 
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Sec.  18-47.  Preamble.

The provisions hereinafter contained are enacted for the purpose of preventing noise disturbances or unreasonably loud noise, and are enacted pursuant to the authority granted in N.C.G.S. § 160A-184.  Above certain levels or durations and during specific times of day unreasonably loud noise, or noise disturbance, is detrimental to health, safety and welfare of the citizenry and the individual’s right to peaceful and quite enjoyment.  It is the policy of the City to prohibit noise disturbances or unreasonably loud noise from all sources, subject to its police power, in order to secure and promote the public health, comfort, convenience, safety, welfare, and prosperity of the citizens of Greensboro.  Nothing in this Article is intended to deter individuals from lawfully exercising the individual right of freedom of speech or any other freedom guaranteed under the Constitutions of the United States of America or of the State of North Carolina. 

Sec. 18-48.  Unlawful noises and sounds.

Notwithstanding any other provision of this Article, it shall be unlawful for any person or persons to make, permit, continue, cause to be made, or to create any unreasonably loud or disturbing noise in the City which does annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of persons or causes damage to property or business.

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 or heard to the extent that it brings about an actual or imminent interference with peace or good order.

To determine whether a noise is unreasonably loud, the following factors incident to such noise 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 has been enhanced in volume or range by any type of mechanical means; and the nature and zoning of the area.

(b)     Disturbing. Noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of an area.

Sec. 18-49.  Unlawful noise producing activities.

Notwithstanding any other provision of this Article the following acts  and activities are declared to be unreasonably loud and disturbing in violation of Section 18-48, but this enumeration shall not be deemed to be exclusive.

(a)     Blowing horns. Sounding 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, creating any unreasonably loud or disturbing sound or sounding such device for an unreasonable period of time.

(b)     Radios, record players, etc. Playing any radio, television set, record player, or musical instrument as to annoy or disturb the quiet, comfort or repose of any person of normal sensibilities in any dwelling, motel, hotel, apartment, or any type of residence.

(c)     Sound-producing equipment in vehicles. Playing any radio, tape recorder, cassette player, compact disc, or other similar device for reproducing sound located on, or in, any motor vehicle on a public street, highway, or within, the motor vehicular area of any public or private parking lot or park, or drive through, if the sound generated is audible at a distance of thirty (30) feet from sound producing equipment.

(d)     Pets. Keeping any animal or bird, which, by causing frequent or long continued noise, disturbs the comfort and repose of any person in the vicinity.

(e)     Use of vehicles. Using any automobile, motorcycle, or vehicle so out of repair, altered, maintained, or operated in such manner as to create unreasonably loud or disturbing noise including, but not limited to engaging in jackrabbit starts, spinning tires, racing engines, or other such operation.

(f)     Blowing whistles. Blowing any steam whistle attached to any stationary boiler except as a warning of danger.

(g)     Compressed air devices. Using any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

(h)     Building operations. Erection, demolition, alteration, or repair of any building (including excavation and grading), in a residential district between the hours of 6:00 p.m. and 7:00 a.m. of any day or in any district other than a residential district between the hours of 10:00 p.m. and 7:00 a.m. of any day.

(i)     Noises near schools, etc. Creating noise on any street, or public way, or near any school, institution of learning, library, or sanitarium, or court while the same is in session, or adjacent to any hospital, rest home, nursing home, or any real property owned by a religious institution during services, or which otherwise interferes with the working of such institution.

(j)     Bells or gongs.   Sounding any bell or gong which disturbs the quiet or repose of persons in the vicinity.

(k)     Blowers, engines. Operation of any noise-creating blower, power fan, steam engine, or any internal combustion engine, the operation of which causes noise due to the explosion or expansion of operating gases or fluids, unless the noise emitted therefrom is sufficiently muffled and the engine is equipped with a muffler device sufficient to deaden such noise, which causes annoyance to the public or disturbs the rest and quiet of persons on adjacent premises or within the vicinity.

(l)     Appliances and other mechanical devices. The operation of any noise-producing appliance or other mechanical device which, due to operational deficiencies, malfunction or other type of disrepair, causes noises which unreasonably annoy the public or disturb the rest and quiet of persons on adjacent premises or within the vicinity.

(m)     Vehicular Loudspeakers or amplifiers for commercial purposes. The use of mechanical loudspeakers or amplifiers on, or in, automobiles, trucks, airplanes or other vehicles for advertising, or other commercial purposes.

(n)     Street Vendors.  Street vendors cannot use sound or permit the sounding of any device which produces noise or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.

(o)          Explosions. The creation of sound through an explosion or replication of the sound of an explosion so as to unreasonably annoy the public or disturb the rest or quiet of residential property owners while on their residential property.

Sec. 18-50.   Sounds impacting residential life.

          It is unlawful for anyone within the City limits to cause, or allow, the emission of sound from any source or sources which when measured at, or within, the nearest residential property line, and according to the standards set out in Sec. 18-51 exceed, for the stated number of readings, the maximum lawful decibel limits specified in the Residential Decibel Limits Table. Sound emanating from one zoned district and impacting residential property in another zoned district may not exceed the decibel limit in the district in which the residential property is located.

Residential Decibel Limits Table.

Zoning districts	Daytime (7:00 a.m. to 10:00 p.m.)	Nighttime (10:00 p.m. to 7:00 a.m.)
Residential	55	45
Office, Professional and Institutional, Commercial, and Central Business	65	55
Industrial	70	65

Sec. 18-51.  Measurement of Sound.

(a)  Measurement of Sound.

For the purpose of determining db(A)'s as referred to in this Code, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute (ANSI). An A-weighted sound level meter means an instrument which includes an omni-directional microphone, an amplifier, an output meter, internal datalogger, and frequency weighting network for the measurement of sound. ANSI Standards S1.43-1997. Type 2.

(b) Measurement Techniques.

          Measurement of sound shall be made according to these standards:

(1)     Sound measurements shall be conducted at that time of day or night when the suspect noise source is emitting sound.

(2)     The sound level measurement shall be determined as follows:

(2a)     Set the sound level meter on the “A” weighted network at slow response.

(2b)     Where possible the measurement should be made with clear view to the source of the sound.

(2c)    All measurements shall be taken at or within the nearest residential property line occupied by the complainant, unless otherwise stated in the Code. For multifamily structures including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, measurements shall be taken from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property.

(3)          The operator of the sound level meter faces the noise source and records the meter’s instantaneous response (reading) observed at consecutive intervals of approximately five-seconds each until fifty (50) readings are obtained. Five (5) readings above the allowed decibel limits attributed to the sound source, or sources, is a violation of this Ordinance.  The sound meter operator may cease readings as soon as the readings taken show a violation of this Ordinance.  It is not necessary to complete all fifty (50) readings after five (5) readings above the allowable limits.

(c) Training of Personnel.

          The operator of a sound level meter, but not persons assisting the operator with non-technical aspects of sound level measurement, must have received special training in sound measurement from an expert, or experts, in sound measurement and must have received training in the use of the sound level meter used.  The Chief of Police of the City shall prescribe minimum training standards for such operators.

Sec. 18-52.  Non-commercial free speech.

Notwithstanding any other provisions of this Article, in the exercise of noncommercial free speech loudspeakers, or amplifiers, may be used without permit, subject to the following conditions:

(a)     It shall be unlawful for any person to speak into, or cause any sound to emanate from, a loudspeaker or amplifier within the corporate limits of the City, when such loudspeaker or amplifier is so adjusted that the voice or sound is amplified to the extent that it is audible at a distance in excess of one hundred fifty (150) feet from such loudspeaker or amplifier.

(b)     No wires or other materials or connections for the transmission of power or for other purposes shall be placed on any street, sidewalk, public easement or way, or on the ground in any public park or public place. Any such wires, materials or connections shall be placed not less than seven (7) feet above the street, sidewalk or ground except at the point of connection to the loudspeaker or amplifier.

Sec. 18-53.     Exceptions from the Article.

In the interest of public safety and convenience the following activities are exempted from the application of this Article:

(a)     Emergency work made necessary to restore property to a safe condition; or required to protect persons or property from danger or potential danger; or work by private or public utilities when restoring utility service.

(b)     Street construction activity performed by, or on behalf of, a government agency on streets designated on the then current thoroughfare plan as adopted by the City; provided that all equipment is operated in accordance with the manufacturer's specifications and is equipped with all legally required noise-reducing devices in proper operating condition. Blasting and pile driving on street projects are exempted under this exception only to the extent that they are carried on between the hours of 7:00 a.m. and 10:00 p.m., Monday through Saturday.

(c)           Activities of, or specifically authorized by, the State of North Carolina or the United States Government, or any of their agencies.

 (d) Non-amplified crowd noises resulting from entertainment or sports activities organized and conducted by school, church, government, or organized sports organizations; neither this provision, nor Subsection 18-53(e) shall exempt collegiate fraternities or sororities from compliance with the provisions of this Article.

(e)  Noises resulting from school sports or band activities from 12:00 noon until 7:30 p.m. Sunday through Thursday; and 12:00 noon until 10:30 p.m. Friday and Saturday, or any day that the athletic team of a school is involved in a conference, regional, or State playoff game or a postponed or suspended athletic game.

(f)     Emergency pressure relief valves; the operation of horns, sirens, or other emergency warning devices being used in emergency circumstances according to law.

(g)     The bells, chimes, or calls to services of churches, synagogues, temples, mosques, or other religious structures.

(h)          Organized fireworks displays carried on under the supervision of licensed experts with written authority from the Guilford County board of Commissioners.  Such displays shall be exempt only between the hours of 12 o’clock noon and 10:00 p.m., every day except the Fourth of July, and 12:00 o’clock noon and 12:00 midnight on the Fourth of July.

Sec. 18-54.   Enforcement responsibility for control of excessive noise.

(a)     Primary enforcement responsibility. The Chief of Police of the City, or his Departmental designee, shall have primary enforcement responsibility for noise and sound control pursuant to this Code.

(b)     Powers of arrest or citation. Any police officer shall issue a citation for any violation under this article, except they may arrest for instances when:

(1)     The alleged violator refuses to provide the officer with such person's, or owner’s, name and address and any proof thereof as may be reasonably available to the alleged violator; or

(2)     The alleged violator refuses to cease such illegal activity after being issued a citation; or

(3)     Any person interfering with the enforcement activities of the Officer.

Sec.  18-55.  Noise Enforcement Officer.

          The Noise Enforcement Officer, acting as the Chief’s designee, shall have the following duties:

(a)          training;

(b)          equipment maintenance and development of a quality assurance plan;

(c)     public education and assistance;

(d)          advisory functions;

(e)      pre-testing;

(f)          coordinating with other City Departments with reference to land use planning and noise environmental impact assessments;

(g)          coordination of enforcement with other law enforcement agencies;

(h)          monitoring noise complaints; and

(i)      other duties as assigned by the Chief.

Section 18-56.  Interference with enforcement Officer

          It shall be a misdemeanor subject to a fine of $200.00 and any other punishment authorized by law for a Class 3 Misdemeanor to interfere with an authorized officer in the exercise of his, or her, duties including, but not limited to enforcement and taking sound level measurements.

Sec. 18-57.  Penalties

(a)      Penalty. A violation of this Article by any person subjects the offender to a fine of up to two hundred dollars ($200.00) and any other punishment authorized by law for a Class 3 Misdemeanor. A second violation by the same person within one (1) year shall subject such person to a fine of up to four hundred dollars ($400.00) and any other punishment authorized by law for a Class 3 Misdemeanor. All subsequent violations by the same person within one (1) year shall subject such person to a fine of up to five hundred dollars ($500.00) and any other punishment authorized by law for a Class 3 Misdemeanor.

(b)  Warnings. Any person responsible for producing noise violating Section 18-50 of this Article, who had the source of the noise pre-tested by the City’s Noise Enforcement Officer or his designee, within 24 hours of the noise producing activity, and the noise as pre-tested was within the appropriate limit as established in Section 18-50, shall first be issued a warning with another opportunity to comply, before a citation is issued.  This warning provision shall not apply if the Enforcement Officer has substantial reason to believe that the source of the noise has been altered, intentionally increased, or tampered with since the pre-testing, or if the person does not take immediate steps to lower the noise to within the appropriate limit as established in Section 18-50.

Sec. 18-57.1.  Owner and occupant responsibility for noise violations.

The person responsible for and in charge of any premises or activities on the premises is responsible and liable for any violations of this Article by tenants, guests, invitees, permittees, or licensees on the premises if the person so responsible for the premises is actively present at the time of the violation.

This section shall in no way relieve any person, including the absentee owner, or any person actively participating in the creation of illegal noise, from responsibility for violations of this noise ordinance.

An owner of any premises subject to this Article who is not an occupant of the premises, and was not present at the time of the violation, shall be responsible and subject to civil penalty but not criminal liability, for actions by tenants, guests, permittees, invitees, or other licensees that constitute second or subsequent violations but only if the absentee owner has been notified of the first or previous violations of the Article which have occurred within the previous twelve-month period. Notice of any first or previous violations pursuant to this paragraph shall be affected by hand delivery, registered or certified mail to the record address of the owner.

The civil penalty for violation of this section shall be two hundred dollars ($200.00) to be paid within ten (10) days following service, and may provide for an additional fifty dollars ($50.00) delinquency charge upon nonpayment, and penalty and delinquency charges may be recovered by the city in a civil action. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the City for costs associated with the City's program to monitor, control, prosecute, cure and/or correct the violation. The amount declared is presumed to provide sufficient restoration to the City for the costs of its noise and sound control program.

The assessment of civil penalties is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct.