HomeMy WebLinkAboutORD-2005-023 - Proposed County Noise Control Ordinance RevisionsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 17, 2005
SUBJECT: Proposed County Noise Control Ordinance Revisions
DEPARTMENT: Planning and Inspections
ATTACHMENT (S):
Proposed Noise Ordinance
• Minutes of the November 22, 2004
Public Hearing
• Comparison of Noise Control
Ordinance Enforcement Experiences
• Comparison of Revisions
04 10 -o
9 c�
Action Agenda
Item No. Q -G
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Craig N. Benedict, Director, ext 2592
Lindy Pendergrass, Sheriff, ext 2900
Glenn Bowles, Planner Il, ext 2577
TELEPHONE NUMBERS:
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Mebane 336- 227 -2031
PURPOSE: To consider adoption of proposed revisions to the County noise control ordinance.
BACKGROUND: In recent years, a number of citizen complaints regarding noise have been
received by the Sheriffs Office and the Planning Department. Most involve loud parties and
music at private residences and gatherings. The present ordinance, which the Sheriffs Office
enforces, does not adequately address certain situations, such as noise generated from
recreational motorized vehicles (i.e., ATVs, motor bikes, go -carts, model boats and planes, and
the like, which have generated citizen complaints). The situation is often not a technical matter,
but rather a community problem - a nuisance for which a "reasonable .neighbor" approach is
emphasized. The proposed amendment addresses the following:
1. Adds definitions of "noise" and "unreasonably loud and disturbing noise ",
2. Provides more detailed noise standards by adding specific prohibitions,
3. Clarifies that a noise may violate the ordinance in the following ways:
• First, it may be a specifically prohibited noise activity including late night (after 9 pm)
racing of a recreational motorized vehicle off -road, late night use of landscaping
equipment, and late night non - emergency use of compression release engine or
transmission braking systems of trucks and other vehicles. (Least inclusive of the
types of sounds prohibited); or
• Second, it may be "unreasonably loud and disturbing noise," which is defined in the
ordinance based upon a "reasonable neighbor' standard considering a number of
objective factors such as whether the sound is from a utilitarian versus recreational
source, the time of day, etc. (Medium inclusiveness of the types of sounds
prohibited); or
• Third, it may exceed the maximum noise limits of the ordinance because five
readings of a noise meter indicate that the applicable maximum decibel levels have
been exceeded, providing prima facie evidence of a violation. (Maximum
inclusiveness of the types of sounds prohibited); or
• A combination of the above.
4. Maximum noise levels set for evening hours in residential zones (receiving areas) are
effective one (Friday /Saturday) or two (Monday- Thursday) hours earlier than in previous
ordinance.
5. Establishes maximum noise levels for day and evening hours in commercial and
industrial zones (receiving areas).
6. Sets forth a list of exempt activities, like noise from emergency vehicles and farm activity,
7. Clarifies that initial enforcement is based on a single warning given.
8. Maintains civil penalties and prescribes higher criminal penalties.
The Planning Board briefly discussed this noise ordinance and citizen complaints at its October
6 meeting as a point of information to garner perspective on the issue. The Planning Board did
not serve in a regulatory review role since the noise ordinance is a stand -alone ordinance and is
not a "planning" regulation.
Planning staff met and corresponded several times with members of the Sheriffs office and the
County Attorney's office to prepare the proposed ordinance for presentation to the BOCC.
The proposed ordinance amendment combines several of the defined terms, refines several
others and adds a definition of "unreasonably loud and disrupting noise ". It adds a new Article
on specific noises prohibited. Maximum noise level times are adjusted, and protocols are
established for the measurement of offending noise. The listing of exceptions was increased by
adding bona fide farming activities, non - amplified crowd noise, trains and associated rolling
- - - - -- ----__ sto-ck, sJo�cer�mentaLacfivitie _sl_utilifysepaiLS., -- ing =(mo JegaL-dis�harge_offuearmsr and
recycling and refuse collections. The methods the Sheriffs Office will employ to enforce the
ordinance are elaborated upon, including providing for an initial warning, and criminal penalties
are increased to be in line with the appropriate state standards.
COMMENTS FROM THE NOVEMBER 22, 2004 PUBLIC HEARING:
Planning Director Craig Benedict reviewed comments about the noise control ordinance, which
has been around for some twenty years. There have been occasional revisions as new
technology comes on line. Community complaints about noise come from a variety of activities.
We realize from the enforcement of the noise ordinance and its interpretations that there are
different aspects of the ordinance that may need additional clarity. The six areas of proposed
ordinance revisions include new definitions, standards, noise measurement protocols,
exempted activities with hours of operation, nuisance noise activities, and greater penalties.
Noise control is a general County ordinance, not in the Zoning Ordinance, which the Sheriffs
Office enforces. The Sheriffs Office has experienced the various hours of complaint and the
nature of the noise complaints. The tables provided list the existing language, suggested
alternatives and comments. Other examples of community noise control ordinances can
provide better understanding of the local issue. The existing noise standards are based on
decibels. Up to 60 dB(A) is the standard between 8:00 a.m. and 11:00 p.m; up to 50 dB(A)
from 11:00 p.m. to 8:00 a.m. The chart illustrates a range of decibel noise levels and general
activities.
There are three options. The first is to change the time or shorten the daytime periods when
louder noise is permissible. The second is to lower the permissible noise levels, and the third
may be a combination of the two. Staff are looking for input regarding what different time
periods are acceptable which would reflect when typical construction noise happens. Other
aspects include how and when noise readings are taken. The measurements are taken from
the adjacent property. People should be able to enjoy any noise on their property so long as it
does not intrude onto neighboring lands. A list of exceptions to the noise standards, with
suggested clarifications is included along with additional language regarding registered vehicles
with mufflers. Violation and penalty increases are suggested as are nuisance noises (utilitarian
verses recreational noise).
The zoning ordinance has performance standards on noise and vibration and hopefully the two
noise standards will eventually match.
Commissioner Comments:
This discussion and public hearing is the result of on -going concerns from County citizens and
not a specific event.
How would noise be measured? At the adjacent property line, four feet above the ground, ten
feet from wall, barriers, or obstructions.
Usually we have an ordinance available at the public hearing. Why isn't the proposed
ordinance presented? We did not want to lock in at this time specific revisions. Rather, we are
looking for input and guidance to shape the actual recommendations and bring back the
recommendations- toAh�CDmmis -sioner-s--aLanoth�une -eting - - - - -- -- - - - - -- - - - - - -- -- - - - - --
Do we have problems with the public hearing and the specifics of the proposed revisions?
Revisions to the Noise Control Ordinance do not require a public hearing. The Commissioners
have free reign to proceed on this matter.
There are some problems with the definitions of noise. We should take the best of both
suggested noise definitions, but start with the second definition. We should address the
confusion and the different standards in the zoning ordinance. The higher standard would
prevail and there would be consistency.
We need a common sense definition, one that the normal person would know. What kind of
enforcement history with a definition, for instance the one used in Durham County, have other
communities experienced?
The proposed methodology of taking 100 noise readings, each ten seconds apart would require
nearly seventeen minutes, a significant amount of time. How would someone know? We need
a general definition, which the common person would know, and we should not increase the
penalties.
There is a problem with the references in Articles 5 and 6.
The Sheriff commented that at this time, that they are not having a whole lot of problems with
enforcement. Vehicles, loud music, and parties and things of that nature are the main
concerns. The proposed changes will allow something with which the Sheriff's Office can work.
Citizen Comments:
Citizen #1. The terms "reasonable ", "detrimental," and the like are in the ear of the beholder
and are not legal or often practical. The trucks on US 70 at Lawrence Road are prohibited from
driving through the Town of Hillsborough. They gear down or are accelerating up the hill.
There are up to fifteen trucks per hour traveling along the road, according a recent NCDOT
traffic count.
Remove the muffler provision exemption from the noise control ordinance. This will give
citizens a vehicle for relief.
Citizen #2. Support for the noise ordinance, but she does have problems with go -cart racing as
late as 10 or 11:00 p.m. at night. Complaints on these activities have resulted in vandalism.
With her own noise meter, she took a reading of 77 dB(A) at her home from the go -carts. A
lawn mower has a 68 dB(A) reading. The ordinance would help create a better quality of life.
Citizen #3. What is the process? When will the Commissioners consider the ordinance again?
This is a public hearing. The Commissioners will direct staff to address the issues.
Will the hearing be closed tonight?
Is the proposed ordinance complaint driven and will the noise levels be raised? You should first
give people warnings, how would they know they are causing a noise problem? Will you re-
_e. -o he- ordloan�e�n1welv_em_ _atb�Th_e_ Ainance-is oxn.Alai.nt driv-exLan-d--"--itiz-en- - - -- ---- - - - - --
would call the sheriffs office. Staff will re- evaluate the ordinance every five to seven years, as
new technology emerges.
Citizen #4. He is a motor cross racer. People move to the country because that is where we
can make noise. We cannot race in the city. Will the measurement be made at a property line
where nobody lives? We do not want to hurt anybody.
Citizen #5. Generally supports the ordinance. Refuse trucks in the neighborhood in the very
early morning. Would hope that 7:00 a.m. would be the standard for such activities in
residential neighborhoods.
A number of state NCDOT pre - emption issues, particularly safety requirements will be reviewed
by the attorney's office. According to the County Attorney, the County cannot regulate in areas
the state has pre - empted. Truck equipment and muffling regulations are state safety laws.
There is a difference between regulating sound on private property and regulating sound on the
NCDOT streets.
It may be a good idea to use the reasonable person standard with a minimum sound threshold.
If the court said this is too vague, then we can provide another option.
Noise control must address good neighborliness and the reasonable use of leaf blowers, lawn
mowers, and the like. One measure is whether the noise is utilitarian or recreational.
The public hearing is now closed.
FINANCIAL IMPACT: No financial impact at this time with human resources being used from
existing department staffs.
RECOMMENDATION(S): The Administration recommends that the Board adopt the
amended noise control ordinance.
g.rn -rrrss �-� r•i��
A RESOLUTION AND ORDINANCE TO PROVIDE FOR THE CONTROL OF NOISE
IN ORANGE COUNTY
Bold = New Language
StNkethFGugh Proposed Deleted Language
WHEREAS, excessive noise is a serious hazard to the public health and
welfare and the quality of life in rural and developing areas of Orange County;
and,
WHEREAS, a substantial body of science and technology exists by which
0
excessive noise can be substantially abated without serious inconvenience to the
public; and,
WHEREAS, certain noise producing equipment in this community is
essential to the quality of life in a rural environment and should be allowed to
continue at reasonable levels and hours with moderate regulation; and,
WHEREAS, each person has the right to an environment reasonably free
from noise which jeopardizes health, welfare, or which unduly interferes with a
property owner's right to the use or enjoyment of their property; and,
WHEREAS, it is recognized that residential land uses are more noise-
__ _-- ____ -_ ensitiveh- ate= commerciai�nd= industriaHand°uses; arr - -- -------- - - - - -- - -- -- - - - - --
WHEREAS, it is the declared policy of Orange County to promote an
environment free from excessive noise, otherwise properly called "noise
pollution ", which unnecessarily jeopardizes the health and welfare and degrades
the quality of the lives of the residents of this community, without unduly
prohibiting, limiting or otherwise regulating the function of certain noise -
producing sources which are not amenable to such controls and yet are essential
to the economy and quality of life of the community.
NOW THEREFORE, pursuant to the authority provided in N.C. General Statute §
153A -121,
§ 153A -123 and § 153A -133, the Board of Commissioners of Orange County hereby
resolves and ordains as follows:
AAdGpted! August 15, 4094
r^v^'i e.ndedf: FebrdaFy 1, 14U
Article I: Definitions
In addition to the common meaning of words, the following definitions shall be
used in interpreting this ordinance.
�1) ANSI Standards: American National Standards Institute (ANSI)
Publication ANSI, S1.4 -1997 or the latest approved version thereof.
7
(2) "A" weighting scale: The sound pressure level in decibels as measured with
a sound level meter using the "A° weighted network (abbreviated as
"dB(A) "), as defined by the ANSI) Standards. The standard „^;+ ne +a + ;An
is dB(A). "A" weighting de- emphasizes the very low and very high
frequency components of sound in a manner similar to the response of
the human ear.
(3) dB A : Sound level in decibels determined by the "A" weighting scale ef-a
standard see Rd level meter having nharan+eris+iGs defined by the Arrmer;nan
F-WFA 14 0 • . •
(4) Decibel: A unit of or level used to measure an a lagadthMiG SGal, he
ratio of the maAnit Brie of a naFtinular see Rd press ire +e a standard reference
PF96SUFe, WhiGh f9F purposes of this eFdinanrae shall he 7n
mii+reneMARR1mete? -sound intensity, equal to the logarithm of the ratio
of the intensity of the sound to a reference pressure.
-------- - - - - -- j-jmpact- Noise- S- oundLNaiwS-ound -l-hat occur"ntermjttentiy= rather -tha
continuously.
(6) Motor Vehicle: Any motor vehicle as defined by N.C. Gen. Stat. § 20-
4.01(23), or its successor statute.
(7) Noise: Includes any sound or source of sound prohibited by Article II of
this Ordinance, or any Unreasonably Loud and Disturbing Noise as
defined herein and prohibited by subsection (1) of Article III of this
Ordinance, or any sound that exceeds the maximum permissible sound
levels set by subsection (2) of Article III and measured as set forth in
Article IV of this Ordinance.
(8) Person: Any individual, association, firm, partnership, corporation or
business entity.
(9) Receiving Land: Property that receives the transmission of noise or
other sound that is generated on other property.
Adopted; August 15, 4983
Amended; CebMary A 1M
Cep �inmen A Ry devise fer the a mnlif atien of the
(10) Seufld Amplifedyiae ,� t• .
hu FnaR V0ineI m in * aRy ecrhre-r'vvA1 Rd, innh Jinn iukehevec , stereas and
rallies Any increase of sound by the use of mechanical or electronic
equipment.
(11) Sound Level: In decibels, a weighted sound pressure level on the "A'
weighting scale determined by the use of a sound level meter whose
characteristics and frequency weightings are specified in the ANSI Standards.
(12) Sound Level Meter: Any type three instrument certified to meet or
exceed ANSI Standards, which includes an omni - directional microphone
a , an output meter and frequency weighting network(s), and other
mechanisms for the measurement of sound level.
(13) Unreasonably Loud and Disturbing Noise: Any unreasonably loud and
disturbing sound, sound which is substantially incompatible with
the time and location where created, and which is perceived by a
person. of ordinary sensibilities as interrupting the normal peace and
calm of the receiving land. The following factors incident to
unreasonably loud and disturbing noise shall be considered: time of
day; proximity to residential structures; whether the sound is
recurrent, intermittent or constant; the volume and intensity; whether
l nab -Due" — -- . - -- - mu i i. _ . i n-vo
character and zoning of the area, including the receiving land; whether
the sound is related to recreational or utilitarian activities normally
associated with the use of property or the normal operation of a
business or other labor activity; whether the sound is subject to being
controlled without unreasonable effort or expense to the creation
thereof.
(14) SeuRd PFesswe Leyek in decibels 20 times the 1^ga ^thm to the base 1
Article II: Specific Prohibitions
It shall be unlawful to carry on the following activities in any part of the
unincorporated areas of Orange County that is zoned for residential use (as
FM M�UPrZEWAMPT"MX UM
defined in the Orange County Zoning Ordinance), or within three hundred (300)
feet of any structure used as a residence (other than the residence of a person
involved in the activity) in an unincorporated area of Orange County regardless of
its zoning classification.
(1) Operate or permit the operation of any recreational motorized vehicle
between the hours of 9 pm and 8 am, if the vehicle is being driven off -
road for racing. This section shall apply to all non - commercial off -road
racing of recreational motorized vehicles, whether or not self - propelled
or duly licensed or registered, including racing vehicles, motorcycles,
go- carts, snowmobiles and motor boats except when any of the
foregoing is operated in association with hunting or fishing, or
permitted commercial racetracks or other permitted commercial use of
property.
(2) Operate Lawn mowers, chainsaws and other landscaping and domestic
equipment outdoors between the hours of 9 pm and 7 am.
(3) Using the compression release engine or transmission breaking system
of vehicles between the hours of 9 pm and 8 am in non - emergency
circumstances.
6c1M]vmQ- an - - - -- - - - - - -- - - - -- -
-- - - - - --
(a-) It shall be unlawful for any person to make, create, permit, or to
continue any source of unreasonably loud and disturbing noise in
Orange County.
(2) Any continuous, regular, frequent, or intermittent source of sound
produced by any activity shall be limited to the following maximum
permissible sound levels according to the time of day and zoning
category of the receiving land as stated in Table 1 below when
measured as specified in Article IV.
Adopted; August 1S 198
A-m-e-n-ded.- February ,
10
TABLE I: Sound Levels dB(a) by Receiving Land Zoning Category as Defined by the
Orange County Zoning Ordinance
Article IV: Sound Measurement Standards
Standards, instrumentation, and measurement procedures to be used in the
measurement of sound as provided for in this Ordinance are as follows:
(1) Sound level measurement shall be made with sound level meter using the
"A" weighting scale set on "slow response," except for measurements of
impact sound, set on "slow response. Impact sound shall be
measured using the fast response of the sound level meter.
(2) 'c lnd level-Fneter-Sshall -him of at least Type Throe meeting A morinan
(OF the latest .,.,.,Feved vernier. there„fl. The entire sound measurement
system shall be serviced and operated as recommended by the
manufacturer. Any officer authorized to enforce this Ordinance err - sells
S„g -t;e OURd level -meters shall be trained in the use of sound level
measurement and the operation of sound level meters.
60 dB(A)
Li
'� 2 midRig III.
F=Ad & Sat �r/'�ay 8
50 dB(A)
SYndny�usda i /1 4��p Fn Sgt am
Q �..�.�
yca TLTRTQ�G'8 aFA
am
y
MAXIMUM DECIBEL (dB(A)) LEVELS
MAXIMUM DECIBEL (dB(A)) LEVELS
Receiving
DURING THE FOLLOWING HOURS
DURING THE FOLLOWING HOURS
Land Zoning
OF DAY:
OF EVENING:
Category
Sunday — Thursday 8 am — 9 pm
Sunday — Thursday 9 pm — 8 am
Friday & Saturday 8 am —11 pm
Friday & Saturday 11 pm - 8 am
Residential or
Planned
Development
60 dB(A)
50 dB(A)
Having a
Residential
Component
Commercial
65 dB(A)
55 dB(A)
Industrial
70 dB(A)
60 dB(A)
Article IV: Sound Measurement Standards
Standards, instrumentation, and measurement procedures to be used in the
measurement of sound as provided for in this Ordinance are as follows:
(1) Sound level measurement shall be made with sound level meter using the
"A" weighting scale set on "slow response," except for measurements of
impact sound, set on "slow response. Impact sound shall be
measured using the fast response of the sound level meter.
(2) 'c lnd level-Fneter-Sshall -him of at least Type Throe meeting A morinan
(OF the latest .,.,.,Feved vernier. there„fl. The entire sound measurement
system shall be serviced and operated as recommended by the
manufacturer. Any officer authorized to enforce this Ordinance err - sells
S„g -t;e OURd level -meters shall be trained in the use of sound level
measurement and the operation of sound level meters.
A;depted. August 4 5 A 99 11
Amended; February 1, !SU
(3) Except in the case where noises are emanating from within multi - family
structures and the complainant is a resident of the same multi - family
structure, noise measurements shall be taken at the comer of the primary
structure of the complainant nearest the noise source but when this location is
not practical noise measurements shall be made at the boundary of the public
or private right -of -way which adjoins the complainants' property.
(4) In the case of noises emanating from within a multi - family structure and
where a complainant is a resident of the same multi - family structure, noise
measurements shall be made in the unit of complainant at a height of at least
four (4) feet above the floor and at a point approximately equidistant from all
walls.
(5) No individual other than the Officer operating the meter shall be within
ten (10) feet of the meter during the sample period.
(6) The meter shall be calibrated immediately before use and recalibrated
after use.
(7) The Officer operating the meter shall face the noise source and record
the meter's instantaneous response observed at consecutive ten (10)
second periods. The sound meter operator may cease taking readings
as soon as the readings already taken show a violation of this
in subsection (2) of Article III attributed to the sound source or sources
shall constitute prima facie evidence of a violation of the maximum
permissible sound levels set in this Ordinance.
Article V: Exceptions
The following are exempt from the provisions of this Ordinance:
(1) Construction operations from 7 a.m. to 9 p.m. on weekdays and 8 a.m. to 9
p.m. on weekends for which any required building permits have been issued,
provided all equipment is
operated according to the manufacturers' specifications and with all standard
equipment, manufacturers' mufflers and noise reducing equipment in use and
in proper operating condition.
Adopted! August •15, 1944 'I2
•
Amended• Cebruw • 1, 4022 1L
f
(2) Noises of safety signals, warning devices, emergency pressure relief valves
and church bells or chimes.
(3) Noises resulting from any authorized emergency vehicle when responding to
any emergency call or acting in time of emergency.
(4) Non - amplified noises at street activity (such as fairs or parades) where the
participants have a permit, if a permit is required by law for such activity.fef
(5) Agricultural or forestry activities from bona fide farming and forestry
operations when equipment or machinery is operated in accordance
with manufacturer's specifications and with all standard noise
reducing equipment in place an in good working order.
(6) All noises coming from the normal and legal operation of properly equipped
aircraft (not including scale model aircraft).
(7) All noises coming from normal operation of motor vehicles properly
equipped with a standard mufflers, in good
working order and in constant operation, including noises coming from
compression release engine or transmission breaking systems when
used in emergency circumstances and noise Fed U^i^^ equipment
- - - - - -- --- 8 )-Noise- fir -om=lawf- L+- ftr-e= wor-k�and° noisemaker-- s= on= ho+id -ay . —i — ---- - - - - --
(9) Lawn mowers, chainsaws and other landscaping equipment and
^^^''l+' ral eq iipmeRt. used between dayligh 7 am and 9 pm when operated
with all the manufacturers' standard noise reducing mufflers and -neise
in use and in proper operating condition.
(10) Non - amplified crowd noise at regularly scheduled, athletic events, at
county parks, and public or private schools.
(11) Non - amplified speeches made from a fixed location in non - residential
property.
(12) Trains and associated rolling stock.
(13) Activities by government personnel in the performance of their duties,
including without limitation the armed forces and law enforcement
personnel.
Adopted: August 15, 13
Amended: FebFUaFy 1, 4M
(14) Sound or noise emanating from construction or repair work and
regulated activities of utilities regulated by the North Carolina Utilities
Commission.
(15) Blasting, but only as permitted by State law and county regulations.
(16) Commercial race tracks, as permitted by State law and county
regulations.
(17) Discharge of firearms, but only as permitted by State law and county
regulations.
(18) Refuse and recycling collection vehicles when operated between the
hours of 6 am and 9 pm according to the manufacturer's specifications
and with all standard noise reducing equipment in place and in proper
condition.
(19) %1nriG� It Fal ern ui^m °n} GpeFated feF farming P IFPG °
..a,...a.a....a,...... va.�u�N.. w..a vrv. a..ava. w. .a.0 � � m �.i Y°rP °`JC' -.z.
Article VI: Burden of Proof Regarding Exceptions
In any proceeding based upon this ordinance, if an exception stated in this
ordinance would limit obligation, limit liability, or eliminate either an obligation or liability,
the person who would benefit from the application of the exception shall have the
burden of proving that the exception applies and that the terms of the exception have
- - -- been met. _� —_ -- - -- -- __--- - - - - -- - --
Article VII: Violations and Penalties
(1) Violations
(a) The Orange County Sheriff shall be responsible for d9te Fnin6R-
the enforcement of this Ordinance,
including responding to complaints concerning possible noise,
such as specifically prohibited noise and unreasonably loud and
disturbing noise, determining noise level violations of this
Ordinance and issuing of warnings or notices as provided for in
this Article.
(b) Upon his or her determination that the Reise revels pr° Grohed heFein
Adopted: August 4 R -1982 14
Amended! Cebr-um.e 1, 4044
n°tifine+tinn shall n °n titutt a vieiatiOR e.f this °rrlin nn° RaBi we n-9 the
ne+rt of the n°reaGn rer•nGRsihle t° maintain the neioe t° n_nermie sible
Farm m to maintain noise tee ° n°rmisrihl° level shall ine+L de ane
innieient e.f Reise evr•eediRg the levels nrece+rihed herein GGG Urrinn with
fiNee__Rty fnUr hG err` 9f n°tifiGatiM by the Sheriff th -at the ne-ic a eve+eerir•
nermissiw °'e.e °'s there is probable cause to believe that a
violation of this Ordinance has occurred, the Orange County
Sheriff shall determine the source of the noise and the person
responsible for it and promptly notify the person responsible for
the noise and the fact that a violation has occurred.
(c) Any person or persons violating this Ordinance shall be first
warned of the unlawfulness of such noise activity and be given a
reasonable opportunity to peacefully disperse, discontinue or to
-- - - — ---------- -- - - -- ate=s-ueh= noise- condition= pr -ior- tfl- bei- ng= s- ubjec"o -fu-rt-her- - - - - -- - - --
enforcement action. Not more than one warning shall be given for
a violation, and additional warnings will not be given for a
continuing violation.
(d) Failure on the part of the person or persons responsible to timely
comply with the Sheriff's directive to eliminate the violation or to
otherwise abate the violation, after notification, shall constitute a
violation of this Ordinance.
(e) An arrest, citation or complaint for the violation of any part of this
Ordinance must be based on probable cause arising from
objective evidence of the following:
1) A specifically prohibited noise identified in Article II of this
Ordinance. (Provides minimum noise protection and the
least inclusiveness of the types of noises prohibited);
and /or
2) Physical sense perceptions and observations of
15
unreasonably loud and disturbing noise as defined in, and
proscribed in subsection (1) of Article 111 of, this Ordinance,
at the time and place such is occurring (Provides
intermediate noise protection and intermediate
inclusiveness of the types of noises prohibited); and /or
3) Noise that exceeds the maximum permissible sound levels
prescribed in subsection (2) of Article III of this Ordinance
(Provides maximum noise protection and maximum
inclusiveness of the types of noises prohibited); and /or
4) Noise that violates any combination of the foregoing.
(f) For purposes of this Ordinance the "Orange County Sheriff' shall
include the Sheriff and any Deputy Sheriff of Orange County.
(2) Civil Penalties
(a) Any person violating any of the provisions of this ordinance shall be
subject to a civil penalty of one hundred dollars ($100.00). Each day of
------------------- a=c- entinuing= viol- at-ior-rshall- constitute= a�s-eparate=violation-- under =thl ------------- _-- - -_ - --
subsection.
(b) The Orange County Board of GemmisSiORess County Manager, or his
or her designee, shall be authorized to assess civil penalties under
this Ordinance and shall make written demand for payment upon the
person responsible for the violation and shall set forth in detail the
violation for which the penalty has been invoked. If payment is not
received or equitable settlement reached within sixty (60) days after
demand for payment is made, the matter shall be referred to the
County Attorney for institution of a civil action in the name of the
County in the appropriate division of the General Court of Justice of
Orange County for recovery of the penalty. Any sums recovered shall
be used to carry out the purposes and requirements of this Ordinance.
(3) Criminal Penalties
Adopted: August! 5 , our 16
Arne-Rded: rer,....ar.. , 10112
Any person who violates any provision of this Ordinance shall be deemed
guilty of a Class 3 misdemeanor punishable by imprisonment not to exceed
thiFty (30) fifteen (15) days or by fine not to exceed fifty five hundred
($500.00) dollars, or both. Each day of a continuing violation shall constitute
a separate violation under this subsection.
Article VIII: Severabilitv
If any provision of this Ordinance is adjudged invalid or if the application thereof
to any person or in any circumstance is adjudged invalid, such invalidity shall not affect
the validity of this Ordinance as a whole or of any part, subpart, sentence or clause
thereof not adjudged invalid.
Article XIX: Abrogation
This Ordinance repeals the existing Orange County Noise Ordinance
adopted August 15, 1983, as amended on February 1, 1988. This Ordinance is not
intended to repeal, abrogate or impair any greater restrictions imposed en-by any other
State law or local government ordinance or any existing easements, covenants, or
deed restrictions. Wherever the provisions of any other law, ordinance, of regulation or
restriction impose higher standards than are required by the provisions of this
----------- - - - --- OrAinanm- hts- Or- dinanc- "oe"ot-pr- ohibit-the-enfor-c-em - ent= of= a-ny= s -uch4a ,------ - - - - -- - - - --
ordinance, regulation or restriction. the pmvisiens ef surh law, oi:dinanGe OF
Article XIII: Effective Date
This Ordinance shall be effective upon adoption. Adopted this the
day of , 2005, upon motion of Commissioner , seconded
by Commissioner
1-7
APPROVED 1/24/2005
ORANGE COUNTY BOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING
NOVEMBER 22, 2004
7:30 p.m.
The Orange County Board of Commissioners met for a public hearing on Monday, November
22, 2004 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs, Alice M. Gordon, and
Moses Carey
COUNTY COMMISSIONERS ABSENT: Margaret Brown, Stephen Halkiotis
COUNTY ATTORNEY PRESENT: Geoff Gledhill, S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board
Donna S. Baker (All other staff members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE
A. OPENING REMARKS FROM THE CHAIR
B. PUBLIC CHARGE
The Chair dispensed w ith the reading of the public charge.
C. PUBLIC HEARING ITEMS
1. Orange County Noise Ordinance
Amendments to address:
a. Maximum frequency and intensity standards of noise emanating from properties and
other general activities:
- ---- -- -- -- - --- b= Specifc= protocol = used- Ao- mea- stur-e= ambient- community- noise levels =nd�s-pecifc- - - - - --
event and noise episodes;
c. Enforcement;
d. Time of day restrictions on decibel levels; and
e. Special provisions for community events.
Planning Director Craig Benedict addressed this item. He said that the County noise
ordinance has been around for 20 years. There have been some complaints recently in the
community about noise, and trying to enforce the existing ordinance related to these new noises
and interpretations has been difficult. There are six different aspects to address - a definition
section in the ordinance, clarifying noise standards and how noise is measured, what activities
are exempt from the noise ordinance, the hour s of operation for noises at certain levels, a list of
nuisances that were not in the existi ng ordinance, and a list of the penalties or enforcement
options.
He clarified that the noise ordinance is a general County ordinance and not a zoning or
subdivision ordinance, and is enforced by the Sheriffs Department. He made reference to page
11 of the agenda package, which is incorporated by reference, and explained each article.
He said that one way to modify the ordinance would be to shorten the period for the
higher allowed decibel rating - from 8:00 a.m. to 7:00 p.m. at the 60 rating and from 7:00 p.m. to
8:00 at the 50 rating. The decibel ratings could also be lowered a little.
W W
•
He continued explaining the articles. He said that the zoning ordinance does have a
performance standard noise arrangement, and that is when different businesses are permitted
by special use permits and are supposed to act within certain noise and vibration standards and
other standards. It would be good to have the overall countywide ordinance match as closely to
the performance standards in the zoning ordinance as possible.
Chair Jacobs clarified that the impetus of this public hearing had nothing to do with the
Town of Chapel H ill's discussion of leaf blowers. This has been an ongoing concern of citiz ens.
Commissioner Carey asked where the noise would be measured on the receiving
property and Craig Benedict said that it would be on the property line at a height of four feet,
and about ten feet away from any wal Is, barriers, or obstruction.
Commissioner Gordon asked Geof Gledhill how this would work with regard to the
modifications. Geof Gledhill said that the first thing that is different about this ordinance is that it
is not an ordinance under North Carolina law that requires a public hearing. The County
Commissioners have free reign to work through the options.
Commissioner Gordon made reference to the definitions and said that the first one is a
little hard to follow. She suggested taking the best of both definitions.
Chair Jacobs said that the first definition is like Durham's definition (page 4). He
wonders if a normal person would know what a decibel level is. He said that Alamance and
Durham Counties use a more generic definition. He wonders what kind of enforcement history
these counties have in using that kind of a definition. He also does not know how the person
making the noise is going to know the decibel rating of the noise that they are making. He
thinks it might be more reasonable to have a generic definition that a reasonable person can
react to and not increase the penalties, so that there is some flexibility.
Chair Jacobs said that maybe the Sheriff could address this about an alarm sounding for
a certain length of time. She riff Pendergrass said that sometimes alarms go on for ab out an
hour until the owner of the residence can c ome to the residence. Chair Jacobs asked Sheriff
Pendergrass to comment on the ordinance.
Sheriff Pendergrass said that they are not having many problems with music noise or
parties, and when they do, they j ust ask the person to stop and they comply. In some areas
there are noises from vehicles and they do not have anything to work with regarding this. He
thinks the changes suggested wil I give them something to work wi th.
John Link made reference to page 11 and said that the "alte rnative" language sounds
better in terms of defining noise than the "suggested revision." On page 12, the "suggested
-- - -- - -- evision" �eings better°tharrthe i=� lterrrative= Pclso; the - "alternative" =and the =s jested= revision "---- - - - - --
are reversed on pages 11 and 15 with regard to the decibel levels. He asked that there be a
consistent line of thinking.
Craig Benedict said that the "alternative" is the abridged version — it is shorter and the
noise levels are stricter. He thinks that they might take the best of both alternatives to come up
with the simplest method. Regarding page 15, the zoning or dinance allows some higher decibel
levels, so he thinks the zoning should be separated out from the rest of the countywide noise
ordinance so there is no confusion.
Geof Gledhill said that the more stringent level is the permitting one and would prevail,
so there would be consistency.
Commissioner Gordon read some suggested language for the "suggested revisions" on
page 11, Article 1: "Any unreasonable 1 oud and disturbing sound or soun d which is substantially
incompatible with the time and location where created, which is perceived by a person of
ordinary sensibilities as interrupting the normal peace and calm of the area." She then read her
suggested language for "alternative" as follows : "Any unreasonable loud and disturbing noise of
such character, intensity, and duration as to be detrimental to the health, safety, or welfare of
any individual."
PUBLIC COMMENT:
James Singleton said that the definition of reason able, detrimental, and irritation is all in
the ear of the beholder. He lives on US 70 near the golf course and he finds it soothing to hear
the leaves being cleared on the golf course. Some people may not find it that way. He said that
M
he has a weird hobby in that he i s a former stuntman and he sometimes practices his fast draw.
He has a legally designed un- muffled Colt 45 that fires 245 grains of black powder. If he
practices his hobby in his backyard it will definitely irritate his neighbors. He made reference to
the trucks and said that the Town of Hil Isborough banned them on Churton Street. He has been
trying to get them banned o n Lawrence Road for five years. He lives on the corner of Lawrence
Road and US 70. He said that trucks come up the hill from Old NC 10 and have to gear down
to make the stop sign and slam on brakes. H e said that it is hard to get sleep when his
bedroom is 50 feet from the road where these trucks are coming. Sometimes the trucks come
down the road at 4:00 a. m. He has had persona I meetings with State officials. State Highway
Commissioner Sanderson spent two and a half hours discussing this with him in his office one
day. Mr. Sanderson promised to get back with hi m, but he has not heard anything and it has
been three years. He has talked to everyone at the County level that might be interested in
helping and so far he ha s gotten no help. He sent a letter to Comm issioner Carey in October
2000 and a four -page letter to Secretary Sanderson and he is still waiting for a response to this
letter. The only elected official that has done anything at al I to help him was Representative
Verla Insko, who requested a traffic study to verify that the complaints were accurate. This
study was performed over a 16 -hour period April 9 -10, 2001 and showed that 15 heavy trucks
per hour were coming up Lawrence Road. Par t of the study included Palm Sunday, during
which six dump trucks made a total of 276 trips down Lawrence R oad in an obvious disturbance
of Sunday services at the two churches on the road. Based on this information, he requested
the Sheriffs Department to do a noise ordinance test in 2001. He was contacted by the deputy
he spoke with who said that the equipment was down and he would get bac k to him. Three
years later he has not he and anything. He requested from the County Co mmissioners in 2001
that the noise ordinance be modified to remove the exemption of mufflers that are factory
installed. This is the only reason that the noise ordinance cannot be enfo rced for these trucks.
He wrote to John Link in November 2001 requesting the re moval of this exemption, and he is
still waiting for this action. He requested one m ore test from the County D eputy Sheriff this
week and he made a personal prom ise to get a measurement. This is a great first step. He is
asking for some real response from the County, specifically on Article 4, item 6 of this ordinance
and remove the exemption as stated above.
Kimberly Schott expressed her supp ort for an enforceable noise ordinance. For the past
two years, there has been a go -cart racing track operating in her residentially zoned
neighborhood in northern Orange County. H er family has been subjected to this noise often for
ours�at�timelrfli -1=3 °0=p.my-. tt"I 30= p.m�hese�--are- emm�e r-cial= grad"o�ar-ts�S -he=sa �' -- - - -- - - - that her family has had to deal with the ramifications of asking their neighbor to moderate the
go-cart races. She called the neighbor and received vandalism to her home and threats
because her County officials did not have the tools to stop this disruptive activity. She said that
because there is no enforceable law in place, people are forced to handle situations on their
own and they can end up in a confrontation. She purchased a hand -held noise meter and
measured the go-cart racing at 77 decibels. A lawnmower measured at 68 decibels from 50
feet away. This 77 decibels is occurring from across the street. She knows that other counties
have extensive noise ordinances. She is asking that the County Commissioners help create a
better quality of life for those that I ive outside of the protection of subdivisi on covenants or city
ordinances and create an enforceable, practical noise ordinance that can protect citizens.
Gene Poveromo asked about the process and when this would be considered again by
the County Commissioners. Chair Jacobs said that this is a public hearing, but the County
Commissioners may direct staff to do further revisions and bring it back at another meeting yet
to be determined.
Gene Poveromo asked if this noise ordinance was complaint driven. He made reference
to page 11 under Article 2 and asked why the decibel ratings go up from 50 to 55. On page 12,
under violations and penalties, he thinks i t may be appropriate to give people warnings before
they are fined. He asked for the County Commissioners to consider reviewing and reevaluating
this in 12 months once it has been in practice. He said that he once had a problem in his
neighborhood, but it has since decreased. He thinks this revision will help.
08
Steve Chambers said that he lives on White Cross Road and he races motorcycles
professionally. He said that Mr. Poveromo is his neighbor and the reason the noise has
decreased is that he has been building a house. He would like to continue to race motorcycles.
He said that in 1978 they moved to their property. People around him have started clear- cutting
and now people nearby can hear mor a of the noise. He said that a lot of people move to the
country because it is a place where you can make noise. He is trying to make this a profession
and he and his family like to do this at their home. He said that he was not trying to hurt other
people. They run stop mufflers on their motorcycles, but he does not know if this makes a
difference. He said that if the noise is being me asured at the neighbor's house and it is too loud
by law, then that is fine with him. But he does not want it to be measured from his property
because it might not be that loud at his neighbor's house. He does not want to lose what he is
trying to do. He said that they put in an irrigation system on his track so they would not have
any dust.
Don Wollum said that he lives northeast of town and he gene rally supports the noise
ordinance. He hopes that this ordinance will address trucks in the morning in a residential area
in the County, specifically refuse trucks. The residential trash pickup starts at 6:00 a.m. He
contacted the refuse company and they informed him that there was no provision for an
appropriate startup time for residential trash pickup in the County. H e hopes that this ordinance
will provide some specificity as to the time that noise can be made.
Commissioner Carey asked if the noise ordinance was complaint driven and Craig
Benedict said yes.
Commissioner Carey said that the County Commissioners do no t have the authority to
ban trucks. Geof Gledhill said that these are DOT roads and it is difficult for counties to regulate
in an area where the state has preempted counties from regulating.
John Link asked if this included information on the muffler and Geof Gledhill said that
there are muffling requirements in state law. He will see if there is any room for the County to
regulate in this area.
Chair Jacobs said that they heard two sides of muffler issue — the motor cycle is
operating with an approved muffler and the trucks are not. Geof GI edhill said that there is a
difference in regulating sound on private property versus state r oads. He thinks that sound on
private property can be regulated.
Discussion ensued on whether to close the public hearing.
_- - -- -- --- - - - - -- --" =i-notien=wasgnade--by=Grommissioner- Carey; seconded =by =Gomm- issi =oner -Gordo -n tto --- - - - - --
close the public hearing.
VOTE: UNANIMOUS
Chair Jacobs said that he would like feedback from Durham and Alamance Counties
from their Sheriffs offices.
Geof Gledhill made reference to "reasonable person" and said that it may be a good idea
to use a reasonable person's standard, but also have some minimum thresholds that are
beyond reason.
John Link said that staff commented on how to quantify good neighborliness. He said
that there is a question of what is reasonable; such as he may use a weed eater or leaf blower
four times a year, but not every day for four hours. One measure for him would be whether the
noise is generated for utilitarian measures or for recreation. The staff did not come up with any
great ideas for how to quantify this reasonable threshold.
D. NON- PUBLIC HEARING
1. CMAQ (Congestion Mitigation & Air Quality) Report
�1
Memorandum
To: County Manager
BOCC
From: Craig N. Benedict, Planning Director
Date: January 12, 2005
Subject: Community Noise Enforcement Comparisons
Several of the surrounding counties and towns use their sheriff's (or police) department
to enforce noise complaints. All but Alamance County have prescribed some community
noise standards. The lack of clearly defined standards and procedures may be a factor in
Alamance County's lack of success in enforcing noise standards.
The City of Durham has an ordinance with a definition and standards, but the officers are
not issued meters, and therefore must rely upon the individual officer's discretion when
they are requested to investigate loud noise from student apartments.
Chatham County is probably most like Orange County in their present enforcement of
noise complaints. They have standards and use a meter, when needed, but are more
likely to obtain compliance by simply requesting that the offender turn down the noise or
cease operations.
Communi
Enforced By.
Standards
I
Comments
Orange Co. Response
Chapter 11 of the City Code — The Department
"Reasonable person" approach.
takes a "no tolerance" approach toward loud
Orange County goes beyond this
City of
Police
Day & night (M( A)
Duke University student parties. If the officer
with its two- tiered enforcement
Durham
Department
levels and
!
can hear loud music or noise from the curb and
proposal.
exemptions
i
there is a complainant, a citation will be issued
j
to the property owner. City is considering the
purchase of meters for police officers.
Similar to Orange in that most situations involve
Very similar to the Orange
Day & night dB(
)
parties and loud music. They have two major
County experience and
Chatham
Sheriff's
levels and
problem situations: an annual Blue Grass
enforcement philosophy.
County
Department
exemptions
festival and loud music at a sports arena in the
southern part of the county. Officers use a
sound meter.
Little success with convictions. Judges will not
With stated enforcement
Alamance
Sheriff's
enforce the ordinance.
protocols and noise level
County
Department
None
standards, orange County should
not experience the same
problems.
Day & night dB(A)
Two tiered enforcement for nuisance noises,
Very similar to the Orange
Town of
Police
levels and
first a warning and then a citation. College
County experience and
Chapel Hill
Department
exemptions, pluk
student are the source of the most frequent
enforcement philosophy.
frequency stand aiJ
s
complaints.
0
Orange
Inc
udes any sound or source of sound prohibited in
The ordinance provides a working term that
County Noise
Existing Language
Arty
Suggested Revisions
Comments
Ordinance
or
j
Other new terms, such as motor vehicles,
Article I.
Inc
udes any sound or source of sound prohibited in
The ordinance provides a working term that
None.
Arty
cle II or any unreasonably loud and disturbing noise,
the reasonable person could appreciate.
Definition of
or
ny sound that exceeds the maximum permissible
Other new terms, such as motor vehicles,
Noise
sou
i d levels,
receiving land, and unreasonably loud and
disturbing noise are defined or refined.
Article II.
Recreational
vehicles off road for racing between 9 p.m.
Unlawful to carry on these activities in
Specific
None
an
18 a.m., mowers, chain saws, etc. between 9 p.m. and
areas zoned for residential use or within 300
Prohibitions
7 a,m.,
and diesel trucks using their engine breaking
feet of any residence.
systems
between 9 p.m. and 8 a.m.
Article III.
Sound Levels dB(A) by Receiving
i
Unlawful for any person to make, create, permit,
Maximum
Land
am
Pm
or to continue any source of unreasonably loud
Permissible
and disturbing noise or any continuous, regular,
60 dB(A)
�"
Standards —
Sunday-
50 dB(A) Sunday
Residential
60
50
frequent, or intermittent source of sound
produced by any activity shall meet the standards
Sound Levels
Thursday 8
a.m. to I1 P.M.
— Thursday 11
y
listed in the table.
dB(A) by
Friday &
p.m. to 8 a.m.
Cot
arnercial
65
55
Receiving
g
Saturday 8
Friday & Saturday
midnight to 8 a.m.
Land
a.m. to
midnight
Ind
I strial
70
60
Article IV.
Sound measurement shall be made with a s 6and
"slow
level meter using the "A" weighting scale set on
provides more detail to the existing
Sound
response."
Sound level meters shall be of at least Type
Three meeting ANSI S 1.4 —1971 requirements (or the
n
language regarding g di g how and where
Measurement
latest approved version thereof). The entire
sound measurement system shall be serviced and operated
the noise measurements are taken.
Standards
as recommended by the manufacturer. Per,
ons using eh sound level meters shall be trained in sound
level measurement and the operation of sou
rid level meters.
Noise measurements shall be taken at the corner
of the primary structure of the complainant nearest the
noise source, but when this location is not F,
actical, noise measurements shall be made at the boundary
of the public or private right-of-way, which
adjoins the complainants' property.
Article V.
1. Construction operations from 7 am
Agr
cultural or forestry activities from bona fide farming and forestry
Increases the number of exemptions.
Exceptions
to 9 pm on weekdays and 8 am to
9 pm on weekends for which
ope
No
ations
!amplified crowd noise at regularly scheduled, athletic events, at
Addition of other excepted
building permits have been issued,
cou
ty parks, and public or private schools.
(utilitarian) uses, which are
or construction operations not
requiring permits; provided all
Unal
nplified noncommercial speeches made from a fixed location.
customary and reasonable activities.
equipment is operated in
Trains
and associated rolling stock.
accordance with the
Acti
IvtUes by government personnel in the performance of their duties
manufacturers' specifications and
with all standard equipment,
Sou
d or noise emanating from construction or repair work and
manufacturers' mufflers and noise
reg
sated activities of utilities regulated by the North Carolina Utilities
3
W
Orange
reducing equipment in use and in
Conimission.
County Noise
Existing Language
Bla
i Suggested Revisions
Comments
Ordinance
2. Noises of safety signals, warning
�J
reducing equipment in use and in
Conimission.
proper operating condition.
Bla
ling
2. Noises of safety signals, warning
devices, emergency pressure relief
Co
ercial race tracks
valves, and church bells.
Dis
barge of firearms when engaged in legal hunting activities; legal
3. Noise resulting from any
disc
iarge of firearms in the protection of persons or property; firearms
authorized emergency vehicle
�i
when responding to any
use
by persons lawfully engaged in pest control or the taking of
emergency call or acting in time of
dangerous
animals; legal use of firearms at historical, ceremonial or
emergency.
4. Unamplified noises at street
corr
Iriemorative functions held for such purpose provided no live
activity (such as fairs or parades)
affir
iunition is used; or when engaged in target shooting during
where the participants have a
day
fight hours and for not more than three cumulative hours in any day
permit for use of the streets.
at a
ocation more than 500 feet from any residence (other than the
5. All noises coming from the normal
operation of properly equipped
resi (
ence of a person involved in the target shooting activity).
aircraft (not including scale model
Reft
ise and recycling collection vehicles when operated between the
aircraft).
6. All noises coming from motor
hou
s of 6 am and 9 pm
vehicles properly equipped with
the manufacturers' standard
mufflers and noise reducing
equipment in use and in proper
i
operating condition.
7. Noise from lawful fire works and
noisemakers on holidays.
$.Lawn mowers and agricultural
equipment used be -teen daylight
and 9 pm when operated with all
I
the manufacturers' standard noise
reducing mufflers in use and in
i
proper operating condition.
Original
Article V
Deleted entirely in 1988.
Article VI.
Burden of
No changes are proposed.
'
Proof
Article VII.
only proposed change would
Ci
it penalties are raised to $500.00 and criminal
Brings ordinance into conformance with
increase civil penalty from a fine of
ealties
are now Class 3 misdemeanors punishable with
state law.
�J
Orange
County Noise
O- -rdina,n ce
Violations d
Penalties
ArtiGl� jr j
IArt1GI-
Abro anon.
AI tIGIe X
-ff ate
Existing Language r
r
'l00.0o ro a $200. Suggested Revisions
critninal pen 00 fine and a
excee Maw 0 to fine not to of t UP 0 20
ed { day imprisonment
or a $200.00 flue.
NO Changes are
Proposed.
the esting or
dinance, as amended
up 011 adoption.
COmtuents
1 l
c
Purchasing and Central Services Director Pam Jones summarized this information. She
pointed out that, in anticipation that the sewer might be extended to the Solid Waste Operations
Center, there has been a component of this contract added so that the same designer can
extend the line out to the center. The cost is $97,000 for both components of the project.
Commissioner Halkiotis said that he plans to vote against this because he does not
think it is a good way to do business. There are a number of engineering firms in Orange
County, and he would like to see competitive bids. He is only against the process.
Pam Jones said that they did solicit bids from a number of firms. Philip Post &
Associates submitted the only proposal.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
approve the Agreement with Philip Post & Associates to design a force main and gravity sewer
to transport leachate from the onsite leachate storage lagoon at the Orange County Landfill to a
proposed new manhole at the northeast corner of Eubanks Road and Millhouse Road and
authorize the Chair to sign the Agreement, subject to final review by staff and the County
Attorney.
VOTE: Ayes, 4; Nay, 1 (Commissioner Halkiotis)
c. Proposed County Noise Control Ordinance Revisions
The Board considered adoption of proposed revisions to the County noise control
ordinance.
Craig Benedict said that this item was before the Board in a public hearing at the end of
last year as a follow up to some complaints in the community. After meeting with residents and
with the people that were creating the noise for sometimes - recreational purposes, the staff
researched what has happened in other counties. They worked with the Sheriff's Office and the
County Attorney's office to help with the revisions. He spoke about the three types of
enforcement provisions:
1. There will be specific prohibited noises.
2. Reasonable neighbor standard (warning that there has been a complaint).
3. Specific hours of operation of louder noises.
Craig Benedict explained the blue handout of Sheriff's Office Enforcement Procedures
for the County Noise Ordinance Violations and Penalties, which are incorporated by reference.
He said that the reasonable enforcement standard that the Sheriff will be working with allows
some latitude to interpret the ordinance.
PUBLIC COMMENT:
Gene Poveromo lives at 4639 Old Greensboro Road and said that he lodged a
complaint with the County two years ago about some noise issues. Things have decreased,
but he expects them to possibly resume in the near future. He said that he would like the Board
of County Commissioners to be open to re- visiting this issue in 12 months to see how it works.
He appreciated Craig Benedict's explanation, which answered some of his questions.
Commissioner Gordon asked why there are criminal penalties for making noise. Geof
Gledhill said that violations of all County ordinances are misdemeanors. Someone would have
to accumulate a series of convictions before going to jail for violating the ordinance.
Commissioner Halkiotis asked about the decibel range for the chiller unit at the Whitted
Center. He wants to find out if the County is in violation of its own ordinance. Geof Gledhill
said that this ordinance does not operate in the Town of Hillsborough. Commissioner Halkiotis
said that he is in support of this if the County is not in violation of it. John Link will follow up on
this.
Commissioner Jacobs made reference to the definitions on page 8, sound level meter
and type 3 instrument, and suggested finding another term or defining these terms.
Commissioner Jacobs asked about specific prohibitions. He made reference to page 13
and asked for clarification on discharging firearms at any time. Craig Benedict said that the
ordinance is written this way at this time. Discussion ensued about the legal hunting that goes
on from 9:00 p.m. to 7:00 a.m.
Commissioner Jacobs would like a little more thinking to go into this issue. He is
concerned about people discharging firearms in a residential area.
Commissioner Jacobs said that the County despairs of ever enforcing some of the
zoning violations and he asked Geof Gledhill if this is enforceable, the way it is restructured.
Geof Gledhill said that they have not had experience with using this ordinance, but they have
had reasonably good success with similar penalties with the Animal Control Ordinance.
A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to
adopt the amended noise control ordinance, with the stipulation that there be additional
investigation about discharge of firearms.
Geof Gledhill made reference to two technical corrections. Craig Benedict pointed out
these corrections. On page 9, subsection 3, the word "motor vehicles" was inserted as
opposed to "vehicles." On page 10 in the table, the word "applicable" was added to the title of
the table, "Orange County Applicable Zoning Ordinance."
Commissioner Halkiotis suggested tabling this item and bringing it back in a clean
fashion.
Commissioner Jacobs withdrew his motion.
THIS ITEM WAS TABLED.
d. Appointments
(1) Affordable Housing Advisory Board (AHAB) — One New Appointment
The Board considered making one new appointment to the Affordable Housing
Advisory Board.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee
to appoint Steve Clements to the Affordable Housing Advisory Board at an At -Large Position,
with a term expiring June 30, 2008.
VOTE: UNANIMOUS
(2) Agricultural Preservation Board — One New Appointment
The Board considered making one new appointment to the Agricultural Preservation
Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
appoint Vickie M. Brown to the Agricultural Preservation Board for an At -Large Position, with a
term expiring June 30, 2008.
VOTE: UNANIMOUS
(3) Board of Health — One New Appointment
The Board considered making a new appointment to the Board of Health.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Foushee
to appoint Dr. James Stefanadis to the Board of Health to a full term ending June 30, 2007.
VOTE: UNANIMOUS
(4) Commission for Women — New Appointments
The Board considered making appointments to the Commission for Women.
A motion was made by Commissioner Foushee, seconded by Commissioner Gordon
to appoint the following citizens to the Commission for Women:
Position #7 At- Large Doris Jean Bynum
(first full term expiring June 30, 2007)