City of Charlotte Noise Control Ordinance

From www.char-meck.org

 City of Charlotte, NC Noise Control Ordinance

ARTICLE III: NOISE*

*State Law References: Authority to regulate noise, N.C.G.S. 160A-184.

Sec. 15-61. Loud, disturbing noises prohibited generally.

It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the city. (Code 1985, § 15-66)

 Sec. 15-62: Measurement.

For the purpose of determining db(A)’s as referred to in this article, 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. (Code 1985, § 15-67)

 Sec. 15-63: Sounds Impacting Residential life.

(a) It shall be unlawful to carry on the following activities in any residentially zoned area of the city or within 300 feet of any residentially occupied structure in any zone of the city:

 (1) The operation of a front-end loader for refuse collection between the hours of 9:00 p.m. and 7:00 a.m.

 (2) The operation of construction machinery between the hours of 9:00 p.m. and 7:00 a.m.

 (3) The operation of garage machinery between the hours of 9:00 p.m. and 7:00 a.m.

 (4) The operation of lawn mowers and other domestic tools out-of-doors between the hours of 9:00 p.m. and 7:00 a.m.

(b) Any mechanical noise which registers more than 60 db:

 (A) At the nearest complainant’s property line will be probable cause for a violation.

 (c) This section shall not apply to operations which are carried on in such a manner or in such a location as not to create sounds exceeding 60 db:

(A) And shall not apply to emergency operations designed to protect the public health and safety. (Code 1985, § 15-68)

 Sec. 15-64: Amplified Sound.

(a) It shall be unlawful to:

 (1) Operate or allow the operation of any sound amplification equipment so as to create sounds registering 55 db:

 (A) Between 9:00 a.m. and 9:00 p.m. or 50 db:

 (A) Between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the Charlotte-Mecklenburg Police Department.

 (2) As to multifamily structures including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create sounds registering 55 db:

(A) Between 9:00 a.m. and 9:00 p.m. or 50 db:

 (A) Between 9:00 p.m. and 9:00 a.m., as measured 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, except in accordance with a permit obtained from the Charlotte-Mecklenburg Police Department.

 (3) As to places of public entertainment having a capacity of 1,000 or more persons, operate or allow the operation of any sound amplification equipment so as to create sounds registering more than 65 db:

(A) Between 9:00 a.m. and 9:00 p.m. or 50 db:

 (A) Between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property, except in accordance with a permit obtained from the Charlotte-Mecklenburg Police Department.

 (4) Operate or allow the operation of any sound amplification equipment for advertising purposes or otherwise to attract customers so as to cast sounds which are unreasonably loud and disturbing or which register more than 60 db:

 (A) At or on the boundary of the nearest public right-of-way or park.

 (5) Operate or allow the operation for personal use of any sound amplification equipment on the public right-of-way, including streets or sidewalks, or in the public parks so as to produce sounds registering more than 60 db: (A) 50 feet or more from any electromechanical speaker between the hours of 9:00 a.m. and 9:00 p.m. or 50 db:

 (A) 50 feet or more from any electromechanical speaker between the hours of 9:00 p.m. and9:00 a.m.

 (6) Operate or allow the operation for personal use of any sound amplification equipment in the public right-of-way, including streets or sidewalks, or in the public parks:

(i) Without a permit issued by the Charlotte-Mecklenburg Police Department; or

 (ii) So as to produce sounds registering more than 75 db:

 (A) Ten feet or more from any electromechanical speaker between the hours of 9:00 a.m. and 9:00 p.m. or 65 db:

 (A) Ten feet or more from any electromechanical speaker between the hours of 9:00 p.m. and 9:00 a.m.

 An application for a permit pursuant to this subsection shall:

 (i) Be submitted to the Charlotte-Mecklenburg Police Department at least 24 hours but no more than seven days before the permit time requested; and

 (ii) Specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the same time.

 The use of mobile sound amplification equipment shall be exempt from the permitting requirement of this subsection. Sound amplification produced in conjunction with a city festival or parade permit shall be exempt from this entire subsection.

 (b) The limitations on the operation of sound amplification equipment in subsection (a) of this section shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used in emergency circumstances. (Code 1985, § 15-69)

 Sec. 15-65: Permits for Additional Amplification.

 (a) Application. The application for a permit for additional amplification under section 15-64 shall be submitted to the Charlotte-Mecklenburg Police Department at least 15 working days in advance of the planned use except in an emergency. The application shall designate an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit.

 (b) Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for mailing or otherwise delivering to the occupants of each property within a 1,000-foot radius of the facility for which the permit has been granted, as shown on the tax maps of the county, a notice stating the date and hours of the event. The notice shall be delivered at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the Charlotte-Mecklenburg Police Department that such notices have actually been mailed or otherwise delivered.

 (c) Limits on Hours. No permit shall be issued which shall have the effect of allowing more than 20 hours of excess amplification per year at any place of public entertainment having a capacity of 1,000 or more persons or ten hours of excess amplification at any other location. Permits shall be tentatively approved and subsequently granted by the Charlotte Mecklenburg Police Department in the order of receipt unless permits for 20 or more hours have previously been issued for the same or other locations within a 1,000- foot radius of the facility in the same calendar year, in which event the applicant shall elect whether to limit his request so as to keep the year’s accumulated hours of excess amplification in that location below 20 hours or select another location.

 (d) Prohibited in Residentially Occupied Boundaries. In no event shall a permit be granted which allows the creation of sounds registering more than 70 db:

 (A) Anywhere within the boundary line of the nearest residentially occupied property.

 (e) Denial; Issuance of Exceptional Permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the city manager or his designee. The city manager or his designee shall have the discretion to grant an exceptional permit waiving location, time, and/or db:

(A) Requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to the city council. (Code 1985, § 15-70)

 Sec. 15-66: Animals.

It shall be unlawful for any person to own, keep or have in his possession, or harbor, any dog, other animal or bird which, by frequent or habitually howling, yelping, barking or otherwise, causes loud noises and produces seriously annoying disturbance to any person or to the neighborhood. (Code 1985, § 15-71)

Cross references: Animals, Ch. 3.

 Sec. 15-67: Motor Vehicles.

It shall be unlawful to operate or allow the operation of any motor vehicle in the city:

 (1) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises.

 (2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises.

 (3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises. (Code 1985, § 15-72)

Cross references: Motor vehicles and traffic, Ch. 14.

 Sec. 15-68: Enforcement and Penalties.

Where there is a violation of any section of this article, the city, at its discretion, may take one or more of the following enforcement actions:

 (1) A police officer or animal control officer may issue a notice of violation as provided in section 2-24 of this Code subjecting the violator to a civil penalty of $100.00, which penalty may provide for a delinquency charge of $10.00 upon nonpayment, and which penalty and delinquency charge may be recovered by the city in a civil action.

 (2) The violator may be charged with a misdemeanor and be subject to any penalty prescribed by section 2-21.

 (3) A civil action seeking a penalty of $500.00 per day of violation plus an injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.

 (4) A police officer may issue a notice of violation, as provided in section 2-24 of this Code, subjecting the violator of section 15-63(a)(1) to a civil penalty of $200.00, which penalty may provide for a delinquency charge of $10.00 upon nonpayment and which penalty and delinquency charge may be recovered by the city in a civil action. For the purposes of this subsection, the term “violator” means either the operator of the front-end loader; the employer of the operator; or the company, partnership, corporation or other person or entity which owns, possesses or controls the front-end loader utilized by the operator. (Code 1985, § 15-73);

Sects. 15-69–15-80: Reserved