Noise Ordinance

Noise Ordinance

Specific Violations

A violation occurs if the sound exceeds the specified limits and it is determined that the sound is -- using a reasonable person standard and taking into consideration the day of week and time of day -- unreasonably loud and disturbing to the quiet enjoyment and use of residential occupied property.

Enforcement of the noise ordinance is enforced by the Morganton Department of Public Safety. Police will monitor noise decibel levels and make a determination if there is a violation. A $50 fine can be assessed during this phase.

The following acts or conditions, among others, are specifically declared to be unreasonably loud, disturbing noises.

Intentional. Any noise that is intended to annoy or disturb some other person or is intended to disturb the comfort, peace and quiet of residential property. Prior notice that a noise is unreasonably loud and disturbing or that nearby people are disturbed by the noise, may, among other factors, be used to establish intent.

Horn. The sounding of any horn, whistle or signal device on any automobile, motorcycle, truck, bus, railroad train or other vehicle, either continuously or intermittently for more than sixty (60) seconds, except as a danger signal or as required by law.

Amplification (public property). The operation on public property, including streets, sidewalks, parking lots, public parks or other public vehicular areas, of any radio, stereo, compact disk player, cassette tape player or any sound amplifier which is a part of or connected to any radio, stereo, compact disk player, cassette tape player or any similar device intended to produce sound when operated in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which the device is located, or plainly audible at a distance of fifty (50) feet from where the sound is created.

Amplification (private property). The use of any radio, stereo receiver, compact disk player, cassette tape player or any sound amplifier which is a part of or connected to any radio, stereo receiver, compact disk player, cassette player, or any TV or other similar device when operated in a manner as to be plainly audible on adjacent or nearby property and (i) at a distance of fifty (50) feet from the building, structure or vehicle in which the device is located; or (ii) at least fifty (50) feet from the source of the noise; or (iii) within the interior of any adjacent or nearby residence, apartment, condominium or other residential structure; or (iv) within a quiet zone; or (v) within any residential area between the hours of 11:00 p.m. and 7:00 a.m. the following morning.

Animals. The owning, possessing or harboring of any bird or animal which frequently or continuously howls, barks, meows, squawks or makes other sounds that are plainly audible on adjacent or nearby property used for residential purposes. For the purpose of this provision, barking dogs shall include a dog that barks, bays, cries, howls or makes any other noise continuously for a period of ten (10) minutes or barks intermittently for one-half (½) hour or more.

Racing of engines. The racing or "revving up" of any engine or motor of a standing or parked motor vehicle except during the start-up of the engine, the initial placing of the motor vehicle into operation or during its normal operation on a public street if the noise created by the racing engine is plainly audible within a quiet zone, or within any residential area between the hours of 9:00 p.m. and 7:00 a.m. the following morning.

Street sales and other shouting or outcries. The offering for sale by shouting or outcry or any other yelling, hooting, singing, whistling that is intended to attract attention or divert the attention of passing motorists and is plainly audible at a distance of fifty (50) feet or is plainly audible within any quiet zone or any residential area between the hours of 9:00 p.m. and 7:00 a.m. the following morning.

Vehicles. The use or operation of any motor vehicle or motorcycle that is not equipped with a muffler or is equipped with a muffler designed to emit unreasonably loud noises or a muffler that is defective or the operation of any motor vehicle that is so out of repair so that it creates noises that are plainly audible at a distance of fifty (50) feet or more.

Construction and demolition. The operation of any equipment used in construction work between the hours of 9:00 p.m. and 7:00 a.m. on the following morning on weekdays and 7:00 p.m. and 7:00 a.m. on the following morning on weekends and holidays, except for emergency work, if the noise created by the construction equipment is plainly audible within any residential property or within any quiet zone.

Yard equipment. The operation of any gas powered lawnmower, leaf blower or snow blower or other similar yard equipment between the hours of 9:00 p.m. and 7:00 a.m. the following morning.

Alarms. The sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm for more than fifteen (15) minutes from the time of activation unless there is a real emergency or the use of any such alarm that is not properly repaired or maintained such that false alarms routinely occur.

Other. The use of any loud speaker or sound amplification equipment, the playing of any music or the operation of any machinery or equipment, or the making or creation of any other type of noise or sound registering at least sixty-five (65) dBA between the hours of 11:00 p.m. and 7:00 a.m. the following morning, or seventy-five (75) dBA during the hours of 7:00 p.m. and 11:00 p.m. each day. The noise shall be measured at any property line from which the noise is emitted.

 

Exceptions

This section shall not apply to and the following noises or sounds shall not be a violation of this section:

  • The emission of sounds for the purpose of alerting persons to the existence of an emergency or a potential danger;
  • The flight of airplanes and aircraft regulated by the Federal Aviation Administration, except that the intentional buzzing of residents or neighborhoods by an airplane may be a violation;
  • Emergency work, such as the repair of public infrastructure and utility systems or other essential government services, the repair of dangerous conditions and hazards which pose an imminent threat of danger and the operation of municipal and government vehicles such as plows, garbage trucks, emergency road trucks and vehicles or other emergency vehicles;
  • Church or clock carillons, bells or chimes, in proper working condition, but only during the hours between 7:00 a.m. and 11:00 p.m. each day;
  • Athletic contests, open-air festivals, fairs and outdoor musical entertainment for which all appropriate permits have been issued and which are otherwise lawful under the City Code;
  • Outdoor school or playground activities which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to school athletic and school entertainment events;
  • The emission of sound and the discharge of weapons or in a fireworks display for which all appropriate permits are issued and which are otherwise lawful under the city Code;
  • Warning devices required by the Occupational Safety and Health Act and other state or federal safety regulations;
  • The testing of a burglar alarm, fire alarm or civil defense system alarm or the sounding of any burglar or fire alarm or any motor vehicle burglar alarm, provided the activation of an alarm because of improper maintenance or false or accidental activation of an alarm that is not corrected or remedied within fifteen (15) minutes may be a violation of this section;
  • Noise that cannot be heard or is not audible off the premises of the property on which the noise is created

 

  • Printer-friendly version