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NOISE ORDINANCE
MADISON COUNTY, NORTH CAROLINA
Adopted July 14, 2003
X.
Upon motion of Commissioner Moore, seconded by Commissioner Fox, the Board
voted unanimously to adopt the following noise ordinance:
STATE OF NORTH CAROLINA
COUNTY OF MADISON
WHEREAS, citizens of the County are being subjected to unnecessary and disturbing
noises which unreasonably interfere with the enjoyment of their property; and
WHEREAS, every individual should have the right and expectation to have a reasonable
enjoyment of their property for themselves and their family;
WHEREFORE, the Madison County Board of Commissioners does hereby adopt the
following noise ordinance:
NOISE
Section One
It shall be unlawful for any individual to cause to emit from the property
where they are located or to allow to be emitted from property which they own
or control any sound which goes beyond the boundaries of the property where
they are located or property which they own or control unto the property of
another if that sound level would result in interference with reasonable use
of adjoining property. If the noise emitting is of such a nature that it would
offend and interfere with a reasonable individual’s use and enjoyment
of the adjoining property, causing or allowing such an emission to occur, is
a violation of this ordinance. For purposes of this section, the following definitions
shall apply:
- Unreasonably loud. Any noise which a reasonably prudent person
would consider or find substantially incompatible with the time and location
where created to the extent that such noise creates an actual or imminent
interference with the peace, dignity or good order in the immediate area where
created.
- Disturbing: Noise that is perceived by a person of ordinary sensibilities
– interrupting the normal peace and calm of the area.
- Unnecessary. Any excessive or unusually loud sound or any sound
which is of such character, intensity and duration as to disturb the peace
and quiet of any neighborhood or which disturbs, injures or endangers the
comfort, repose, health, peace or safety of any person and being a type of
sound which could be lessened or otherwise controlled by the maker without
unduly restricting his conduct.
In determining whether a noise is unreasonably loud, disturbing and unnecessary,
the following facts incident to the 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; the nature and zoning of the
area; whether the noise is related to the normal operation of a business or
other labor activity or is the result of some use for individual purposes; whether
the noise is subject to being controlled without unreasonable effort or expense
to the creator thereof.
Section Two
The following acts are per se declared to be loud, disturbing and unnecessary
noises in violation of this ordinance, but this is not an exclusive enumeration
of such violations:
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 sound of such device for any unnecessary and unreasonable
period of time.
Radio, record players, etc. The playing of any radio, television set,
record player, musical instrument or sound producing or sound amplifying device
in such a manner or with such volume, particularly but not limited to the hours
between 11 p.m. and 7 a.m. as to annoy or disturb the quiet, comfort or repose
of any person of normal sensibilities in any dwelling, motel, hotel or other
type residence.
Use of Vehicles. The use of any automobile, motorcycle or vehicle
so out of repair, so loaded, or operated in such a manner as to create loud
or unnecessary grating, grinding, rattling, screeching of tires or other noises.
Discharging Firearms. Discharging a firearm within 300 feet of an
occupied residential structure without the occupants express approval.
Building operations. The erection (including excavation), demolition,
alteration, or repair of any building in a residential district between the
hours of 8 p.m. and 7 a.m. of any day, except in the case of urgent necessity
in the interest of public safety and then only with a permit from the Building
Inspector, which permit may be renewed for a period of three (3) days or less
while the emergency continues.
Noises near schools, etc. The creation of any excessive noise on any
street adjacent to any school, institution of learning, library, or sanitarium,
or court while the same is in session, or adjacent to any hospital, or any church
during services, which unreasonably interferes with the operations of such institution.
Bells and gongs. The sounding of any bell or gong attached to any
building or premises other than a church or religious institution, which disturbs
the quiet or repose of persons in the vicinity thereof.
Hawking, peddling or soliciting. The shouting and crying of peddlers,
hawkers, vendors, which disturb the quiet and peace of the neighborhood.
Section Three
The following uses and activities shall be exempt from this ordinance:
- Noises of safety signals and warning devices.
- Noises resulting from any authorized emergency vehicle, when responding
to an emergency call or acting in time of emergency.
- Noises resulting from emergency work, to be construed as work made necessary
to restore property to a safe condition following a public calamity, or work
required to protect persons or property from any imminent exposure to danger.
- Noises resulting from the normal operations of any commercial or industrial
enterprise, except electronically amplified sound.
- Noises resulting from the normal operations of any governmental facility.
- Noises resulting from farming operations, including, but not limited to,
noises generated by machinery, equipment and farm animals.
- The noise ordinance shall not apply to any event held in recognition of
a community celebration of national, state or county events or public festivals.
Section Four
In any proceeding based upon this ordinance, the person who would benefit from
an exception being established has the burden of proving that the exception
applies and that the terms of the exception have been met.
Section Five
Violations provisions of this ordinance shall subject the violator to a civil
penalty. Said penalty to be as follows: first violation, $100; second violation,
$200; third violation, $400; fourth and subsequent violations, $1,000.
Section Six
The Sheriff of Madison County shall be responsible for enforcing this ordinance
in the unincorporated areas of Madison County. Each day of a continuing violation
shall constitute a separate offense.
Section Seven
This ordinance does hereby establish a noise ordinance appeals board consisting
of five members: to wit, Zoning Enforcement Officer, a Deputy Sheriff, designated
by the Sheriff, and one other County employee, chosen by the County Manager,
and two residents of the County, selected by the Board of Commissioners, to
serve at the pleasure of the Board of Commissioners.
Persons receiving civil citations may appeal those citations to the Board in
writing within 10 days of issuance. After due consideration of said appeal,
the Board may direct that said citations my be withdrawn or enforced.
Appeals made from the decisions of the Board may be made to the County Manager,
within 10 days after the decision by the Noise Ordinance Appeals Board. The
County Manager shall consider such appeals with or without a hearing, and shall
issue a decision within 10 days of the receipt of the appeal. The decisions
of the County Manager are final.
This is the 14th day of July, 2003.
MADISON COUNTY
By:_________________________ Vernon Ponder, chairman, Board of Commissioners
ATTEST: ____________________________ Larry Leake, Clerk
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