ORDINANCE NO. 327
AN ORDINANCE RESCINDING AND REPLACING ALL PRIOR
ORDINANCES REGULATING NOISE Within THE CORPORATE LIMITS OP THE TOWN OF MAGGIE
VALLEY
OFFENSES AND PUBLIC NUISANCES
1. Definitions
2. Standards
3. Maximum permitted sound
levels by use occupancy
4. Prohibited noise
5. Exceptions
6. Permits
7. Motor vehicle noise
8. Mufflers
9. Off‑road vehicle
10. Penalties for violations
1. Definitions
All Words used in this
chapter not defined below shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor body. For
the purpose of this chapter, the following words and phases are defined and
shall be construed as defined below unless it shall be apparent from the
context that a different meaning is intended:
(l) A‑weighted sound
level: The sound pressure level in
decibels as measured on a sound level meter using the A‑weighting
network. The level so read is designated dB(A).
(2) Decibel (dB): A unit for
describing the amplitude of sound, equal to twenty (20) times the logarithm to
the base 10 of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty (20) micronewtons per square meter.
(3) Sound: An oscillation in
pressure, particle displacement, particle velocity or other physical parameter,
in a medium with internal forces that causes compression, and rarefaction of
that medium. The description of sound may include any characteristic of such
sound, including duration, intensity and frequency.
(4) Sound pressure level: Twenty (20) times the logarithms to the base l0 ratio
of the root mean squared (RMS) sound pressure to the reference pressure of
twenty (20) micronewtons per square meter.
(5) Sound level meter: An instrument which includes a microphone, amplifier,
RSM detector, integrator or time average, output meter and weighting network
used to measure sound pressure levels.
(6) Sound Level: The weighted sound pressure level obtained by the use
of a sound level meter and frequency weighting network, such as A, B, or C as
specified in American National standards Institute specifications for sound
level meters (ANSI S1.41971 or the latest approved version thereof) If the frequency weighting employed is
not indicated, the A-weighting shall apply.
(7) Noise: Any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological or physiological effect on
humans.
(8) Slow response: A measuring technique to obtain an average value when
measuring a noise level that fluctuates over a range of four (4) dB or more. By
way of illustration only, a sound level meter set on "slow response"
would record a sound level between two (2) and six (6) decibels less than the
reading for a steadying signal of the same frequency and amplitude when a tone
of one thousand (1,000) Hz and for a duration of 0.5 seconds is applied.
(9) Person: Any individual, association, partnership, or
corporation and includes any officer, employee, department, agency or
instrumentality of the United States, the state or any political subdivision
thereof.
(10) Emergency work: Any work performed for the purpose of preventing or
alleviation physical trauma or property damage threatened or caused by an
existing or imminent peril.
(11) Outdoor amplified
sound: Any sound using amplifying
equipment, whose source is outside or whose source is inside and the sound
propagates to the outside through open doors or windows or other openings in
the building.
(12) Classification of use
occupancies: Use occupancies shall be
as follows:
A. Residential use": All
premises containing habitually occupied sleeping quarters. Hospitals, nursing
homes, schools, libraries, and churches are considered residential uses. B.
"Public space": Any area owned, utilized or occupied by a municipal,
county, state or federal agency, including, but not limited to, park or
recreation areas, streets and sidewalks. C. "Commercial or business":
All premises where sales, professional or other commercial activities are
legally permitted, except that residences with lawful home occupations are
considered residential. D. "Manufacturing or industrial": All
premises where goods or wares are made, warehoused or stored or where
manufacturing is legally permitted. E. "Agricultural": All premises
which are bona fide farms or which are characterized by farming activities as
the primary use of the premises. P. In classifying uses under this section, the
zoning classification of an area may be considered, however, the actual use of
premises shall control when the use and the zoning classification conflict. Any
area not otherwise classified under this section shall be considered
commercial. G. In case of multiple use the more restrictive category shall
prevail.
(13) Holiday: For the
purposes of this chapter, the following days will be recognized as holidays for
the purpose of granting permits to exceed maximum sound level: St. Patrick's
Day, Memorial Day, Independence Day, Labor Day, Halloween, December thirty‑first
and any other day designated by the Town of Maggie Valley as a holiday.
(14) Muffler: An apparatus
consisting of a series of chambers or baffle plates designed for the purpose of
transmitting gases while reducing sound emanation from such apparatus.
(15) Owner of real
property: The owner, or listing
owner, of real property as defined in G.S. 105‑302.
(16) Tenant: One who resides
on or has the temporary use or occupation of real property owned by another
person. In the case of residential property, "tenant" shall be
construed to mean any individual actually residing at the residential location,
whether such person is listed on a lease or not.
(17) Sound amplification
system: Any radio, tape player,
compact disc player, loud speaker or other electronic device used for the
amplification of sound.
(18) Plainly audible: Any sound produced by a sound amplification system,
which can be clearly heard at a distance of seventy‑five (75) feet or
more. Measurement standards shall be the auditory senses, based upon the direct
line of sight. Words or phrases need not be discernible and bass reverberations
are included.
2. STANDARDS.
(A) Standards, ‑instrumentation,
personnel, measurement procedures, and reporting procedures to be used in the
measurement of sound shall be specified in this section.
(b) Sound level measurement
shall be made with a sound level meter using the A‑weighting scale, set
on "slow" response and set to measure and average sounds for a period
of twenty (20) seconds. The resulting high, low and average sounds shall be
recorded with the average sound being used for enforcement purposes.
(e) Sound level meters shall
be at least Type II meeting American National Standard Institute (ANSI) S1.4‑1971
requirements. Persons using the sound level meters shall be trained in sound
level measurement and the operation of sound level measurement equipment.
(d) Sound level measurements
shall be taken at a distance of no more than ten (10) feet beyond the property
line from which such sound originates.
3. MAXIMUM PERMITTED SOUND
LEVELS BY USE OCCUPANCY.
(a) Except as allowed in the
subsection below, no person shall operate or cause to be operated any source of
sound in such a manner as to create a sound level which at its peak exceeds the
limits set forth for the use occupancy categories in Table 1 when measured at
or beyond the property line of the property from which the sound originates.
For purposes of measurement, the back of the curb, the outside edges of
driveways, fences, hedges, or other physical features commonly associated with
property boundaries are presumed to be at a point which is at or beyond the
property line. In all cases the maximum sound level permitted by use occupancy
shall be determined on the basis of the use occupancy of the property from
which the sound originates and not by the use occupancy of any surrounding
property. Sound which originates from a dwelling unit in a duplex or other
multi‑family housing unit shall be measured from any point which is at
least twenty‑five (25) lineal feet, whether inside or outside a building,
from the nearest point of the enclosed or habitable space of the dwelling unit
from which the sound originates.
Ordinance No. 296 Page 4
Table 1
Sound Levels by Use Occupancy
Use Occupancy Time Sound Level
Category Limit
(dB(A))
Residential 11:00
a.m. ‑ 11:00 p.m. 60
11:00
p.m. ‑ 7:00 a.m. 55
Public space, 7:00
a.m. ‑ 11:00 p.m. 65
Commercial or 11:00
p.m. ‑ 7:00 a.m. 60
Business
Manufacturing,
Industrial or At
all times 75
Agricultural
(b) Sound levels in excess of
the limits established in Table 1 will be permitted in public space, commercial
or business space, manufacturing, industrial or agricultural space, but not on
residential space, as follows:
Table 2
Without With Permit
Permit to Exceed
(dB(A)) (dB(A))
Friday
(1:00 p.m.‑11:00 p.m.) 75
80
Saturday
(10:00 a.m.‑ 11:00
p.m.) 75
80
Sunday (1:00 p.m. ‑
6:00 p.m.) 75 80
Holidays (as defined in
section 1‑13 (Noon‑
11:00 p.m.) 75 80
(c) No property owner shall
allow a noise ‑related nuisance or health or safety hazard to be erected
or maintained by or on account of tenants of the property owner. For purposes
of this subsection a noise‑related nuisance or health or safety hazard
shall be deemed to exist when a tenant or group of tenants at a specific
location receives a third citation for noise ordinance violation pursuant to
this chapter. The property owner shall be liable for the costs of remedying the
nuisance or health or safety hazard in accordance with the provisions of
section 9‑(e). A property owner may be held liable for the costs of
abating the nuisance or remedying the health or safety hazard only if the
property owner has been notified in writing, via actual delivery or certified
mail, of the first two (2) ordinance violations. A property owner shall be
liable for the costs of abating the nuisance or remedying the health or safety
hazard upon the third and any subsequent action by the same tenant at a
specific location provided the third violation occurs at least fifteen (15)
days from the date of actual receipt of notice of the second violations. It shall be a complete defense to a
citation under this subsection if the owner of the real property involved can
prove that he or she is actively pursuing an eviction process according to law,
and that the process was begun prior to the date of the third or any subsequent
violation by the same tenant at a specific location.
4. Prohibited noise. (Does
not require noise level measurement)
(a) It shall be unlawful for
any person or persons to play, use, or permit to be played any loud "sound
amplification system" if it is located in any of the following:
(1) Any public property,
including any public street, highway, building, sidewalk, park or thoroughfare;
or
(2) Any motor vehicle on a
public street, highway, public space, or commercial space; or
(3) Any commercial space or
place of business; and if the sound generated is "plainly audible" at
a distance of seventy‑five (75) feet from the device producing sound,
unless authorized or exempted by any other section of this article.
(b) Possession by a person
or persons of any machines or
devices which may be
classified as a "loud sound amplification
system shall be prima facie evidence that person
or those persons operated that machine or device.
(c )The keepin of any dog, bird, or animal
which, by causing frequent or long continued barking or other noise, within any
area in such a manner as to annoy or disturb the peace, quiet, and comfort of
the public.
5. Exceptions.
The following are exempt from
the provisions of Table 1 and Table 2 of section 3:
(1) Sound emanation from
scheduled outdoor athletic events.
(2) Construction operations from 7:00 a.m. to
9:00 p.m. on
weekdays and 8:00 a.m. to
8:00 p.m. on Saturdays, 1:00 p.m. to 5:00
p.m. on Sundays for which building permits have been issued or construction
operations not requiring permits; providing all equipment is operated in accord
with the manufacturer's specifications and with all standard equipment
manufacturer's mufflers and noise‑reducing equipment in use and in proper
operating condition.
(3) Noise of safety signals, warning devices,
emergency pressure relief valves, and all church bells. For purposes of this
subsection, the term "church bells" shall not include electronic
devices or artificial sound reproduction systems intended to sound like church
bells.
(4) Noise resulting from any authorized emergency
vehicle.
(5) Noise resulting from parades, lawful picketing or
other public demonstrations protected by the U.S. Constitution or federal law,
or for which a local permit has been granted by the town, provided such
activity is of a temporary duration lasting no longer than two (2) hours during
any twenty‑four‑hour period. Regulation of noise emanation from activities
under permit shall be according to the conditions and limits stated in this
chapter and according to any additional conditions stated on the permit.
(6) Un-amplified and amplified sound at street fairs
conducted, sponsored or sanctioned by the town.
(7) All noises coming from the normal operations of
properly equipped aircraft (not including scale model aircraft).
(8) Noise from noisemakers on holidays and fireworks
on holidays or at times allowed under a pyrotechnics permit issued pursuant to
Article 54, Chapter 14 of the General Statutes of North Carolina.
(9) Lawn mowers and
agricultural equipment used between daylight hours 7:00 a.m. and 9:00 p.m. when
operated with all the manufacturerÕs standard mufflers and noise‑reducing
equipment in use and in proper operating condition.
(lO) Un-amplified and amplified sound at community concerts
conducted, sponsored or sanctioned by the town.
(ll)
Practice sessions or performances by marching bands.
(12) Emergency work, as defined in section
1‑(10)
(13) Those places of
business found to be in violation of this limit shall be subject to the
penalties in Section l0‑(a).
6. PERMITS.
(a) Who may apply. A person or group of persons may produce or cause to
be produced sound in excess of the limits set in Table 1 only if a "permit
it exceed" has been obtained. With a permit granted pursuant to this
section, maximum sound levels shall be as set out in Table 2.
(b) Application for
permit. Any person or group of
persons desiring an "outdoor amplified sound permit" or a
"permit to exceed" shall apply as provided in this section, and shall
provide all information required. All applications for a "permit to
exceed" shall be submitted to the town manager or his designee at least
seventy‑two (72) hours prior to the scheduled event failure to comply
with this requirement shall be grounds for denying the permit.
(c) Action by Town
Manager. The Town Manager or his or
her designee shall act upon all requests for permits. In considering and acting
on all requests for permits pursuant to this chapter, the town manager shall
consider, but shall not be limited to the following, in issuing or denying such
permit: The timeliness of the application; the nature of the requested
activity; previous experience with the applicant; the time of the event; other
activities in the vicinity of the location proposed; the frequency of the
application; the cultural or social benefits of the proposed activity; the
effect of the activity on any residential area of the town and, previous
violations, if any, of the applicant.
(d) Fee for permit. Every application for a permit or permits shall
require a fee, of $25 and such fee shall be amended from time to time.
(e) Conditions on permits.
"Permits to exceed" and
"outdoor amplified sound permits" shall specify the duration of which
noncompliance shall be permitted and shall prescribe the conditions or
requirements necessary to minimize adverse effects upon the community or
surrounding neighborhood. The manager or his or her designee may require, but
shall not be limited to, the following:
(1) No sound speakers may be
set up more than fifteen (15) feet off the ground unless permanently installed
and approved by the Town Manager or his designee.
(2) That permit holder(s)
change the arrangement of amplifying equipment or sound instruments upon the
request of any Maggie Valley police officer so as to minimize the disturbance
to others resulting from the position or orientation of the amplifying equipment
or from atmospherically or geographically caused dispersal of sound beyond the
property lines.
(3) That no permitted event
may last more than eight (8)
hours in duration. This is a mandatory condition.
(4) That no event may extend
beyond 12:00 midnight. This is a mandatory condition.
(5) That permit holders hire off‑duty police officers equipped with noise meters, to monitor compliance of the applicant with the conditions on the permit. The applicant will employ officers based upon the estimated number of persons attending and the type of event to be held. The Chief of Police shall be consulted as to the number of officers to be hired for each event.
It is the responsibility of
the permit holder to ensure that the number persons actually attending the
event do not exceed the estimated numbers specified in the application.
(6) That the site of the
event, and the area surrounding the site of the event, will be cleaned, by the
applicant, of all the trash, litter and debris by 10:00 a.m. the following day,
or by sunset of the day of the event if the event ends at least four (4) hours
before sunset.
(f) Cooperation with
police. Permit holder(s) shall agree
to cooperate with the police department in enforcing the noise control
ordinance by having the signer(s) of the permit available at the site of the
event during the entire time for which a permit has been issued and capable of
assisting the police in enforcing the noise control ordinance. Failure of such
signer(s) of a permit to be present or to assist the police in complying with
this chapter will be cause for revocation of said permit.
7. Motor vehicle noise.
(a) It shall be unlawful for
any person to drive, operate, move, or permit to be driven, operated, or moved,
a motor vehicle or combination of vehicles to include motorcycles at any time
in such a manner that the sound level of the vehicle exceeds 80 (dB)
(b) Sound levels are to be
measured at a distance of twenty‑five (253 feet from the nearest lane(s)
being l monitored and at a height of at least four (4) feet above the |
immediate surrounding surface.
(c) This section shall apply
to the total noise from a | vehicle and shall not be construed as limiting or
precluding | the enforcement of any other provisions of this chapter relating
to motor vehicle mufflers or noise control.
(d) The use of any
automobile, motorcycle, or other vehicle, in such a manner to cause squealing
or screeching of tires, or in such manner as to cause the tires to propel rock
or gravel.
(e) Traffic, aircraft and
other transportation noise sources and other background noises shall not be
considered in taking measurements under this section.
8. Mufflers.
(A) It shall be unlawful for
any person to operate or cause to be operated a motor vehicle unless the
exhaust system is free from defects, which affect sound reduction.
9. Off‑road vehicle.
(a) It shall be unlawful for
any person to operate or cause to be operated a recreational or off‑road
motor vehicle individually, in a group, or in an organized racing event, on
public or private property in such a manner that the sound level exceeds the
maximum permissible levels set forth previously in section 7 adjusted to a
distance of twenty-five (25) feet from the path of the vehicle when
operated on public space, or at the boundary of private property when operated
on private property.
(b) This subsection shall
apply to all recreational vehicles, whether or not duly licensed or registered
including, but not limited to, commercial or non-commercial racing vehicles,
motorcycles, go‑carts, amphibious craft and dune buggies.
1O. Penalties for
violations.
A separate offense shall be
deemed to have been committed each day during or upon which a violations occurs
or is permitted to continue. In
accordance with G.S. 160A-75, ( and unless this code of ordinances provides
otherwise), violations of any provisions by a fine not exceeding $50 or by
imprisonment not exceeding 30 days.
The operation or mainenance
of any device, vehicle, or machinery, or the keeping of animals in violation of
any provision of this chapter which causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort,
repose, health, or peace of residence of this town shall be deemed, and is
declared to be a public nuisance, and may be subject to abatement summarily by
a restraining order or injuntion issued by a court of competent jurisdiction.
In addition to or in lieu of
remedies authorized, violations of this chapter may be prosecuted as a
misdemeanor in accordancy with G.S. 160A-175.
Adopted this the 19, day of
November, 2002
Adopted as amended this 16th
day of September, 2003
_____________________________
Ralph Wallace, Mayor
ATTEST:
_______________________________
Vickie Best, Town Clerk