Brunswick countynoise ordinance - holdenbeachpoa.com

Brunswick countynoise ordinance - holdenbeachpoa.com

BRUNSWICK COUNTY NOISE ORDINANCE PROPOSAL WHY DO WE NEED A NOISE ORDINANCE? L D A HE S E IN INDIANA MAN ENRAGED AT NOISY TEEN-AGERS CHARGED FOR FIRING A GUN PENNSYLVANIA MAN KILLS DIRT BIKER OVER NOISE

NOISY NEIGHBORS HELPED DRIVE MAN TO SUICIDE STUDENT STABBED OVER NOISE ARGUMENT WHY DO WE NEED A NOISE ORDINANCE? NOISE IMPACTS ON HEALTH Noise Produces Elevated Blood Pressure, Faster Heart Rates and Increased Neuroendocrine Hormone Levels Noise Can Cause Regular and Predictable Stress on the Human Body People Do Not Get Used to Noise The Body Continues To React Noise Has Been Used By The Pharmaceutical Industry To Induce Stress For Drug Trials Noise May Aggravate Existing Disease The Sick And The Elderly Are More Sensitive To Disruptive Noise WHY DO WE NEED A NOISE ORDINANCE?

NOISE IMPACTS ON DAILY LIFE Noise Effects the Quantity and Quality of Sleep When Sleep is Disturbed, Work Efficiency And Health May Suffer Noise Can Obscure Warning Signals, Causing Accidents To Happen Noise Interferes With Conversation And Social Interaction Noise Disrupts the Peaceable Enjoyment of Ones Private Property Noise Can Cause Extreme Emotions And Behavior That Effects Relationships and Parenting THERE ARE DOCUMENTED CASES OF NOISE INDUCED ASSAULT MURDER - SUICIDE ARSON BRUNSWICK COUNTY MUNICIPALITIES WITH A NOISE ORDINANCE Boiling Spring Lakes

Shallotte Holden Beach Southport Leland Sunset Beach Oak Island Village of Bald Head Island Ocean Isle

BRUNSWICK COUNTY NOISE/LOUD MUSIC CALLS 2012 - 2014 933 934 389 415 886 446 544

2012 519 440 2013 Sheriff Response 2014 Municipalities BRUNSWICK COUNTY NOISE/LOUD MUSIC CALLS 2012 - 2014

1250; 45.41% 1503; 54.59% Sheriff Response All Other Municipal Response BRUNSWICK COUNTY NOISE/LOUD MUSIC CALLS 2012 2014 TIME OF CALL 11 pm - 7 am; 41.38% 7am - 11pm; 58.62% dB = Decibel The unit of measuring and reporting

sound The decibel scale is logarithmic A 10 dB increase is a doubling of perceived loudness An increase from 50 db to 60 db is perceived as twice as loud An increase from 50 db to 70 db is perceived as four times as loud. PROPERTIES OF SOUND KEY POINTS Normal conversation, between two people, 1 meter apart is approximately

60 dB (measured at the source) Conversation at normal effort becomes difficult when the surrounding noise level rises to 66 dB At 2 meters apart, ambient noise at 60 dB is disruptive At 3 meters apart, ambient noise at 56 dB is disruptive. EPA Studies have shown that noise in excess of 40 dB can disturb sleep. PROPERTIES OF SOUND KEY POINTS

THE PROPOSED NOISE ORDINANCE TERMS AND DEFINITIONS SPECIFIC PROHIBITIONS GENERAL PROHIBITIONS EXEMPTIONS PENALTIES THE PROPOSED NOISE ORDINANCE TERMS AND DEFINITIONS PLAINLY AUDIBLE STANDARD Plainly Audible. Any sound, other than unamplified human conversation that can be detected by a person using his or her unaided hearing faculties. For example, if the sound source under investigation is a vehicular or personal sound production device, the detection of the rhythmic bass component of music is sufficient to establish plainly audible sound. It is not necessary to identify the title, specific words, or the artist performing the song. MEASUREMENT OF SOUND LEVELS

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). ENFORCEMENT METHODS PLAINLY AUDIBLE Used to Enforce Specific Prohibitions listed in the Ordinance, without requiring Sound Measurements An objective standard recognized by Courts across the country It requires less training for officers It requires no special equipment MEASURED SOUND PRESSURE LEVELS Allows for enforcement of noise not specifically prohibited The recommended sound levels are

less restrictive than recommended by the World Heath Organization The recommended sound levels are consistent with EPA guidelines for Noise Levels Affecting Health and Welfare THE PROPOSED NOISE ORDINANCE SPECIFIC PROHIBITIONS The following acts, or the causing or permitting thereof, among others, are declared to be excessive noise and are in violation of this article: Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, compact disc player, or other sound reproduction device, or any drum, musical instrument, or similar device between the hours of 11:00 p.m. and 7:00 a.m.: In such a manner as to permit sound to be plainly audible across a residential real property line or through partitions common to two (2) dwelling units within a building; or When the sound is plainly audible at a distance of fifty (50) feet or more from its source.

Loudspeakers, public address systems and sound trucks. Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom for any purpose between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to permit sound to be plainly audible across a residential real property line, or through partitions common to two (2) dwelling units within a building. Horns, whistles, etc. Sounding or permitting the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger. Vehicles. Operation of a motor vehicle or operation of a motorcycle within the county that creates mechanical or exhaust noise that is plainly audible at a distance of two hundred (200) feet or more from the vehicle. Operation of sound amplifying equipment in a motor vehicle at a volume plainly audible at a distance of fifty (50) feet from the vehicle. THE PROPOSED NOISE ORDINANCE SPECIFIC PROHIBITIONS continued Yelling, shouting, etc. Yelling, shouting, and other vocal sounds in excess of a normal conversational level, whistling or singing, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m. so as to create a plainly audible sound across a residential real property line or on a public right-of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which such sound emanates. Schools, public buildings, places of worship, and hospitals. The creation of any noise on the grounds of any school, court, public

building, place of worship, or hospital in a manner that is plainly audible within such school, court, public building, place of worship or hospital and interferes with the operation of the institution. Large party nuisance. Plainly audible sound between the hours of 11:00 p.m. and 7:00 a.m. that continues unabated for thirty (30) minutes or more, and emanates from a gathering of ten (10) or more people where the gathering is not completely contained within a structure, but spills outdoors into balconies, yards, common areas, parking lots, or other outdoor spaces and is plainly audible across a residential property line. Domesticated or caged animals. Domesticated or caged animals that vocalize a plainly audible sound across a residential property line, which disturbs or interferes with the peace, comfort and repose of any affected person. Prima facie evidence of a violation of this section shall include but not be limited to: Vocalizing (howling, yelping, barking, squawking, etc.) for five (5) minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or Vocalizing for twenty (20) minutes intermittently, defined as an average of two vocalizations or more per minute in that period. THE PROPOSED NOISE ORDINANCE GENERAL PROHIBITIONS In addition to, and not in limitation of the specific prohibitions of Sec. 1-9-563, no

person shall operate or permit to be operated any noise source which generates a sound pressure level exceeding the limits set forth in the following tables when measured at or outside the property boundary of the noise source or at any point within any other property affected by the noise. When a noise source can be identified and its noise measured in more than one (1) district classification, the limits of the most restrictive classification shall apply. (b) Sound level limits are deemed to be in violation where the limit set forth in tables below is exceeded during any three or more sampling intervals, the duration of which shall be no less than 30 seconds each. Where the sound under investigation ceases prior to 90 seconds from initiating the sound level testing, the requirement for a minimum of three sampling intervals is waived. THE PROPOSED NOISE ORDINANCE GENERAL PROHIBITIONS Table 1 Outdoors Receiving Property (Affected Person) Category

Residential Property or residential portion of a multi-use property Non-residential facility including non-residential portion of multi-use facility Time 7 a.m.11 p.m. 11 p.m. 7 a.m. 24 hours

Maximum A-Weighted Sound Level Standard 60 50 65 Table 2 Indoors Receiving Property (Affected Person) Category Residential Property or residential portion of a multi-use property

Non-residential facility including non-residential portion of multi-use facility Time 7 a.m.11 p.m. 11 p.m. 7 a.m. 24 hours Maximum A-Weighted Sound Level Standard 50

40 55 THE PROPOSED NOISE ORDINANCE EXEMPTIONS The following are exempt from the provisions of section 1-9-563 and 1-9-564: (1) Non-amplified crowd noises resulting from the activities, such as those planned by student, governmental or community groups; (2) Noises emanating from organized school athletic events. (3) Agricultural and farming operations when the equipment is operated with all the manufacturers' standard mufflers and noise reducing equipment in use and proper operating condition; (4) Construction or demolition operations conducted pursuant to a valid building permit or construction or demolition operations by an agency of government or their contractors. (5) Noises made by dogs while they are being lawfully used for hunting or taking wildlife, and noise made by dogs during the course of training by hunters, pursuant to N.C.G.S. Chapter 113.

(6) Noises emanating from or resulting from the normal operation of any facility that is properly licensed by the North Carolina Department of Agriculture, Veterinary Division, as a boarding kennel, pet shop or dealer, in accordance with the North Carolina Animal Welfare Act (N.C.G.S. Chapter 19A-20 et seq.), as may be amended, or from any animal shelter that is operated by Brunswick County. THE PROPOSED NOISE ORDINANCE EXEMPTIONS continued The following are exempt from the provisions of section 1-9-563 and 1-9-564: (7) Noises of safety signals, warning devices, emergency pressure relief valves and bells and chimes of churches; (8) Noises resulting from any authorized emergency or law enforcement vehicle when responding to a call or acting in time of emergency; (9) Any other noise resulting from activities of a temporary duration otherwise permitted by law; (10) Noises associated with any event held in recognition of a community celebration of national, state or county events or public festivals. (11) All noises coming from the normal operations of aircraft (not including scale model aircraft) and all noises emanating from any airport within the county.

(12) All noises coming from the normal operations of railroads and locomotives (not including scale model railroads). (13) Household tools and lawnmowers and other lawn care equipment with manufacturer's recommended mufflers installed, between 7:00 a.m. and 7:00 p.m. or sunset, whichever occurs later.. THE PROPOSED NOISE ORDINANCE PENALTIES Civil penalties. Any person, firm or corporation violating any provision of sections this Article shall be subject to a civil penalty in the amount of $300.00 for each offense, and separate offenses shall be deemed committed on each day during or on which a violation occurs or continues. Any subsequent violation within a 12-month period of a first violation shall subject the violator to a civil penalty of $500.00 for each subsequent violation. For purposes of determining subsequent violations within a twelve-month period, the date of the first violation shall be the anniversary date from which a new 12-month period shall begin.

THE PROPOSED NOISE ORDINANCE PENALTIES continued Criminal penalties A violation of any provision of this article shall be deemed a class 3 misdemeanor punishable to the extent provided in North Carolina General Statutes, Section 14-4. A violation that either reoccurs or continues without cessation after a person has been criminally charged, either by arrest or citation, shall constitute a separate offense. THE PROPOSED NOISE ORDINANCE PENALTIES The Goal is to stop the noise not punish Training topic Preferred Enforcement Continuum Warn Cite (civil) Charge (criminal) IMPLEMENTATION

TRAINING 4 hour basic level of training to all uniform division personnel Introduction to the community impacts of noise The properties of sound Understanding the plainly audible standard Comprehension of the Brunswick County Noise Ordinance; enforcement options; and test. 16 hour advanced level minimum of 12 uniform personnel (at least 2 per shift) 4 hours basic level above Sound level meter familiarity, calibration, and operation Procedures for measuring sound Isolating the Noise Source from Residual Neighborhood Noise Calculating noise levels Practical Skills test and written test IMPLEMENTATION REFRESHER TRAINING

3 YEAR RENEWAL TRAINING Basic is a 2 hour renewal course Advanced is a 4 hour renewal course IMPLEMENTATION EQUIPMENT Minimum of 10 ANSI certified Sound Level Meters Minimum of 10 ANSI certified Sound Generator Calibrators Minimum of 10 Wind meter/Thermometers Civil Citation printing IMPLEMENTATION

Cost Initial Equipment Cost $ 7,400 Initial Training Cost $ 11,000 Civil Citation Cost $ 500 Total Projected Initial Cost

$ 18,900 Annual Equipment Recertification $ 4,500 Annual Equipment Maintenance/Replacement $ 2,000 Annual Training Cost $ 3,000 Total Projected Annual Cost $ 9,500 QUESTIONS???

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