HomeMy WebLinkAboutRES-2005-050 Resolution and Ordinance to Provide for the Control of Noise in Orange CountyS /~
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A RESOLUTION AND ORDINANCE TO PROVIDE FOR THE CONTROL OF NOISE
IN ORANGE COUNTY
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
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-sensitive
than commercial and industrial land uses; and,
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:
Article I: Definitions
In addition to the common meaning of words, the following definitions shall be
used in interpreting this Ordinance.
{~-} ANSI Standards: American National Standards Institute (ANSI) Publication
ANSI, S1.4-1997 or the latest approved version thereof.
(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). "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) d6(A): Sound level in decibels determined by the "A" weighting scale.
(4) Decibel: A unit of or level used to measure sound intensity, equal to the
logarithm of the ratio of the intensity of the sound to a reference pressure.
(5) Impact Sound: Sound that occurs intermittently rather than continuously.
(6) Motor Vehicle: Any motor vehicle as defined by N.C. Gen. Statutes § 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 111 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.
(10) Amplified: 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, an output
meter and frequency weighting network(s), and other mechanisms for the
measurement of sound level.
(13) Unreasonably Loud and Disturbing Noise: Any 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 the sound has
been amplified in volume or range; the 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.
Article II: Specific Prohibitions
It shall be unlawful to carryon the following activities in any part of the
unincorporated areas of Orange County that is zoned for residential use (as 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
motor vehicles between the hours of 9 pm and 8 am in non-emergency
circumstances.
Article III. Maximum Permissible Standards by Receiving Land
(1) 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 I below when measured as specified in Article IV.
TABLE I: Sound Levels dB(a) by Receiving Land Zoning Category as Defined by the
Appropriate Zoning Ordinance
MAXIMUM DECIBEL (dB(A)) LEVELS MAXIMUM DECIBEL (d6(A)) LEVELS
Receiving Land
DURING THE FOLLOWING HOURS DURING THE FOLLOWING HOURS
Zoning
Category OF DAY: OF EVENING:
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
Having a 60 dB(A) 50 d6(A)
Residential
Component
Commercial 65 d6(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 a 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) The entire sound measurement system shall be serviced and operated as
recommended by the manufacturer. Any officer authorized to enforce this
Ordinance shall be trained in the use of sound level measurement and the
operation of sound level meters.
(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 corner 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 amulti-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 Ordinance. Five readings
above the allowed decibel limits as specified 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 are in use and in proper operating condition.
(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.
(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 and 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.
(8) Noise from lawful fireworks and noisemakers on holidays.
(9) Lawn mowers, chainsaws and other landscaping equipment used between 7
am and 9 pm when operated with all the manufacturers' standard noise
reducing mufflers 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.
(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
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 whom 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 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 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 of 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 abate such noise
condition prior to being subject to further 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 Sheriffs 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 unreasonably
loud and disturbing noise as defined in, and proscribed in
subsection (1) of Article III 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 continuing violation shall constitute a separate violation under this
subsection.
(b) The 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
Any person who violates any provision of this Ordinance shall be deemed
guilty of a Class 3 misdemeanor punishable by imprisonment not to exceed
fifteen (15) days or by fine not to exceed five hundred ($500.00) dollars, or
both. Each day of a continuing violation shall constitute a separate violation
under this subsection.
Article VIII: Severability
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 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, er regulation or restriction impose
higher standards than are required by the provisions of this Ordinance, this Ordinance
does not prohibit the enforcement of any such law, ordinance, regulation or restriction.
Article XIII: Effective Date ~
This Ordinance shall be effective upon adoption. dopted this the ~ day of
2005, upon motion of Commissioner ,seconded by
Com issioner
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55 ~
~ Contract Renewal w/Town of Chapel Hill for County Provision of Animal
Control and Emergencv Animal Rescue Services (EARS)
The Board authorized the Chair to sign the contract with the Town of Chapel Hill for
Animal Control Services and Emergency Animal Rescue Services in the amount of $71,812,
pending final review by County management and the County Attorney, and authorized the Chair
to sign.
z. Contract Renewal w/Town of Carrboro for Countv Provision of Emergencv
Animal Rescue Services (EARS)
The Board authorized the Chair to sign the contract with the Town of Carrboro for
Emergency Animal Rescue Services in the amount of $6,000 pending final review by County
management and the County Attorney.
aa. Contracts for Spay/Neuter Surgery Services with the Orange Countv Animal
Shelter
The Board approved contracts with three recommended veterinarians -Wendy Royce,
Marat Dubrovsky, and Paula Bullock - to provide spay/neuter surgery services for the Orange
County Animal Shelter, at the unit price of $60 per animal, and authorized the Chair to sign
pending final review by County management and the County Attorney.
bb. Bid Award: Thirteen (131 Twenty Yard Open Top Containers for Solid Waste
Convenience Centers
The Board awarded a contract for thirteen (13) twenty yard open top containers from
Bakers Waste Equipment from Morganton, N.C. at a cost of $43,485; authorized the
Purchasing Director to execute the necessary paperwork associated with the equipment; and
authorized the Finance Director to execute all paperwork associated. with the financing of the
equipment.
cc. Bid Award: Smith Middle School and Efland Park Lighting Proiect
This item was removed and placed at the end of the consent agenda for separate
consideration.
dd. Housing Bond Program Award to EmPOWERment. Inc. for Land Banking
Project
The Board awarded housing bond funds to the amount of $129,930 to EmPOWERment,
Inc., to purchase land in the Pine Knolls community in Chapel Hill and authorized the Manager
in consultation with the County Attorney to enter into a Development Agreement detailing the
conditions of the award.
ee. Petitions for Addition of Subdivision Roads to the NC Secondary Road System
This item was removed and placed at the end of the consent agenda for separate
consideration.
ff. NCDOT Issues -Funding for Homestead Road Sidewalks and Smith Level
Road Improvements
This item was removed and placed at the end of the consent agenda for separate
consideration.
g~Proposed County Noise Control Ordinance Revisions
The Board adopted the proposed revisions to the County noise control ordinance.
hh.Approve Modification in 2005 Rate Order Resolution for Cable Services to
Extend Time Period for Response on 1235
This item was removed and placed at the end of the consent agenda for separate
consideration.
ii. Budget Amendment #13
The Board approved budget ordinance and capital project ordinance amendments for
fiscal year 2004-05 for Department of Social Services, Department on Aging, Orange Chatham
Justice Partnership, Governing and Management -Non-Departmental, Emergency Telephone