HomeMy WebLinkAboutAgenda - 05-17-2005-9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 17, 2005
Action Agenda
Item No. g-G
SUBJECT: Proposed County Noise Control Ordinance Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT (S):
• Proposed Noise Ordinance
Minutes of the November 22, 2004
Public Hearing
Comparison of Noise Control
Ordinance Enforcement Experiences
Comparison of Revisions
INFORMATION CONTACT:
Craig N. Benedict, Director, ext 2,592
Lindy Pendergrass, Sheriff, ext 2900
Glenn Bowles, Planner II, 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. Mast 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
z
source, the time of dav, 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 far 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 ncises 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
stock, governmental activities, utility repairs, slating (roof), legal discharge of firearms, 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 d6(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 incltaded 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 obstn~ctions.
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 to the Commissioners at another meeting.
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 Sheriffs 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 d6(A) at her home from the go-carts. A
lawn mower has a 68 d6(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-
evaluate the ordinance in twelve months? The ordinance is complaint driven and a citizen
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.
5
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.
Adapted=Aagast-1~; 193
Amerada d=Fe~wa r-y--0-,-1-98~
A RESOLUTION AND ORDINANCE TO PROVIDE FOR THE CONTROL OF NOISE
IN ORANGE COUNTY
Bold = New Language
S#fikethre~h = 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,
6
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:
AdopEed=Aagas~-15; 1983
Aa~er~ded=F-ebwar-~ 1; 1988
Article I: Definitions
In addition to the common meaning of words, the following definitions shall be
used in interpreting this ordinance.
(7-) 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.
is-dl~(,4}: "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
1~4.
(4) Decibel: A unit of or level used to measure ,
pressure;-w#ish-#er-pt~rpeses~~###is-erd+aanse-shall-be-28
rnisrenewtensJfneter~sound intensity, equal to the logarithm of the ratio
of the intensity of the sound to a reference pressure.
(5) Impact Heise-Sound: PJeise Sound that occurs intermittently rather than
continuously.
((i) 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.
Ado~~ed=A,,~usta~,a as3
(10) Seund Amplifiedyiag E&uipraer~t: 'ea-e~the
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; an
aa~ii#ier, 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 efthanced-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.
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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
Ameflded=F-ebruary 1; 198
9
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.
Article III. Maximum Permissible Standards by Receiving Land
'~ ~ e-senditiens-sryes}€i~d-;,-~=^;s
(~ 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.
(~} 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.
Adepte~-August 15; 1983
RmeAded=Fehrt~ary=1; 1988
10
TABLE I: Sound Levels dB(a) by Receiving Land Zoning Category as Defined by the
Orange County Zoning Ordinance
Suuanday----Tl-iursday-Marra 11-pm Sunday--Th
rn='~~r,4dnight €fi 'daigh'r-~-am.,
MAXIMUM DECIBEL (dB(A)) LEVELS MAXIMUM DECIBEL (dB(A)) LEVELS
Receiving
DURING THE FALLOWING 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 Qrdinance 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) e~~#~~~4east=pypeThree-meeting-Anaerisan
Kati ents
{e~the-latest~p .The entire sound measurement
system shall be serviced and operated as recommended by the
manufacturer. Any officer authorized to enforce this Ordinance i?erssfts
shall be trained in the use of sound level
measurement and the operation of sound level meters.
Atr~eflded=Februar-y-1; 1-9~~
(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 betaken 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,
e~ssnstfustisn~perati ;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.
Adapted=Augt~ •',,.-.o-,r aog,~ 12
Ameflded-Fet;war-y 1; 19td3
(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) Nan-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.#er
(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 lord 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 aad--n '
(8) Noise from lawful fire works and noisemakers on holidays.
(g) Lawn mowers, chainsaws and other landscaping equipment and
used between daylight 7 am and 9 pm when operated
with all the manufacturers' standard noise reducing mtafFlers and-Heise
fedueing-equiprx~ent 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.
gdgpt..a~a-,,.n..g~ +~~_~__~.,~og~ 1.3
ArneRded:-FebruaFy 1; 1-9~
(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)
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 deter+~ir~iaQ-Heise
level~ielati^^^^~o.,~f~,",;s~rdiaar~se 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+TeTa~I~Pe4s-prescribed-Mereia
,gdepted-Auya~~ a F a ~g3 14
Amef~ded=Febwary 1; 1-98~
of-the-Fl
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leuel-aftef-n
Y.~f„,iss~o;~;avels-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
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
Ade~teclt-Aa^"883 15
A~nep~ed;-Fe~raar-y 1; 1988
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 far 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
A~Ie~ted=August 15~ 1983 16
P~meRded=Febfua+~r 1; 7988
Any person who violates any provision of this Ordinance shall be deemed
guilty of a Class 3 misdemeanor punishable by imprisonment not to exceed
##irt~-(38~ fifteen (15) days or by fine not to exceed ta#ty five hundred
($500,Q0) 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 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, 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.-the-prsvisi rdf+~ar~se-er
Article XI II: Effective Date
i3
This Ordinance shall be effective upon adoption. Adopted this the
day of , 2005, upon motion of Commissioner ,seconded
by Commissioner
!~
APPROVED 1/24/2005
ORANGE COUNTY BOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING
NOVEMBER 22, 2004
7:30 p.m.
The Orange County Board of Comm issioners 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, Jc., 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 Specific protocol used to measure ambient community noise levels and specific
event and noise episodes;
o 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..
1$
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 Hill'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 unde r North Carolina law that require s 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 i s going to know the decibel rating of the noise that they are making.. He
thinks it might be more reasonable t o 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 w ith 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
revision" seems better than the "alternative." Also, the "alternative" and the "suggested 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 confusi on.
Geof Gledhil I 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 loud 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
l~
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 him, 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 afour-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 heard 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 support 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
hours at a time from 1:30 p.m. to 10:30 p. m. These are commercial grade go-carts.. She said
that her family has had to deal with the ramifications of asking their neighbor to moderate the
go-cart races. She called the neighb or 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 ahand-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 subdivision covenants or city
ordinances and create a n 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 u nder 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 i n practice.. He said that he once had a problem in his
neighborhood, but it has since decreased. He thinks this revision will help.
Steve Chambers sai d 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 m otorcycles, but he does not know if this makes a
difference. He said that if the noise is being measured 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 resi dential 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 Gledhil I 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.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to
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 q uestion 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
a~
Memorandum
To: County Manager
BOCC
From: Craig N. Benedict, Planning Director
Date: .lanuary 12, 2005
Subject: Community Noise Enforcement Comparisons
Several of the surrounding counties and towns use their sheriffs (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.
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