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HomeMy WebLinkAboutORD-2005-025 - Resolution and Ordinance to Provide for the Control of Noise in OC5~~~ ~ GQ 1~ - o?DO S~ oav`, ~ ~ ~- ~ UaS ~5 9 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) dB(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 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. (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 Disturbina 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 Receiving Land MAXIMUM DECIBEL (d6(A)) LEVELS MAXIMUM DECIBEL (dB(A)) LEVELS Zoning DURING THE FOLLOWING HOURS DURING THE FOLLOWING HOURS 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 dB(A) Residential Component Commercial 65 dB(A) 55 d6(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 mufflere, 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 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 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: 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, 1.988. 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 Y~ This Ordinance shall be effective upon adoption. dopted this the ~ day of 2005, upon motion of Commissioner ,seconded by Com issioner ~ Contract Renewal w/Town of Chapel Hill for Countv Provision of Animal Control and Emerqencv 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 wITown of Carrboro for Countv Provision of Emerqencv 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 (13) 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 Proiect 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 Svstem 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. .~ggLProposed Countv 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 ©~~-a~~~ ~aa~ ~~ 7~ ~~~~ 595'