HomeMy WebLinkAboutAgenda - 06-07-2005-5ggORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 7, 2005
Action Agenda
Item No.
SUBJECT: Proposed County Noise Control Ordinance Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No
ATTACHMENT (S):
• Proposed Noise Ordinance
INFORMATION CONTACT:
Craig N. Benedict, Director, ext 2592
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: The Board considered this item at its regular meeting on May 17, 2005.
Questions and comments from that meeting are summarized at the end of this abstract
and changes were incorporated into the ordinance as applicable.
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
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• 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
stock, governmental activities, utility repairs, slating, 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 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 came 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
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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. Our 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 a 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. We 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 lJse Permit 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 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
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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, laud 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 far relief,
Citizen #2. Support far 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 awn 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 wculd help create a better quality of life,
Citizen #3, Whaf is the process? When wil! 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.
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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,
COMMENTS FROM THE MAY 17, 2005 MEETING
Gene Poveromo (citizen). He would hope that the Board is open to revisit the issues in one
year,
Commissioner Gordon: Why are there criminal penalties? The County Attorney answered that
all violations of County law are misdemeanors, but with different penalties, Sometime civil
penalties are effective, sometimes criminal, and sometimes both are effective.
Commissioner Halkiotis: What are the noise levels for the chiller at the Whiffed Center?
Commissioner Jacobs: What is a Type 3 sound level meter? Answer: According to staff at
Quest Technologies, a vendor of sound level equipment, the difference is the tolerances. Type
one meters have tighter tolerances and Type 3 have lower tolerances. The differences
between the different types are the microphone (receiver) and the tolerances include
temperature, frequency response, and the linearity, Type 3 meters are more tolerant of field
conditions normally experienced within the community,
Is the ordinance enforceable as we have structured it? The County Attorney answered that we
have no experience, We will just have to see , but I think it will help.
Changes to the ordinance text include "cleaning up" some grammatical errors requested by
Commissioner Foushee, inserting the ward "motor" before "vehicles" in subsection 3 on page 8,
and substituting the ward "appropriate" for "Orange County" in the title of the table on page 9.
FINANCIAL IMPACT: No financial impact at this time with human resources being used from
existing department staffs,
RECOMMENDATION: The Administration recommends that the Board adopt the
amended noise control ordinance,
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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 Ccunty; 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 ncise producing equipment in this community is essential tc
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 resclves 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
"d6(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) dg(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 Laud 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 Disturbinq 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,
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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 carry on the following activities in any part of the
unincorporated areas of Orange County that is zoned far 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.
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(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 (dB(A)) LEVELS
Receiving Land
DURING THE FOLLOWING HOURS DURING THE FOLLOWING HOURS
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 d6(A) 55 dB(A)
Industrial 70 dB(A) 60 d6(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
to
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
(1 Q) 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 (1Q) 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.
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(4) Non-amplified noises at street activity (such as fairs or parades) where the
participants have a permit, if a permit is required bylaw 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 goad 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
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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 far 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 far 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:
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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,
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(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 ar 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. Adopted this the day of
2005, upon motion of Commissioner ,seconded by
Commissioner