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Ordinance #138
STATE OF NORTH CAROLINA - TOWN OF MARS HILL
That ordinance previously known as ordinance No. 53 is hereby repealed
and inserted in its lieu is the following:
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 into the property of another if that sound level would
result in interference with reasonable use of the 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.
Section Two
Discharging a firearm or shooting off fireworks within 300 feet
of an occupied residential structure without that occupant’s
express approval is a per se violation of this ordinance.
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 operation 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 country 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 providing
that the exception applies and that the terms of the exception have
been met.
Section Five
Any person who violates any provision of this ordinance shall be
guilty of a misdemeanor and shall be fined in the amount of $200.00
for the first offense, $300.00 for the second offense and $500.00
for the third and every offense thereafter.
Each day of a continuing violation shall constitute a separate
violation under this ordinance.
This 1st day of October, 2001.
Town of Mars Hill
By:______________________
Ray Rapp, Mayor
Attest:____________________
Evelyn Underwood, Clerk
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