HomeMy WebLinkAboutAgenda 09-04-2025; 8-i - Amendments to the Noise Ordinance - First Consideration 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2025
Action Agenda
Item No. 8-i
SUBJECT: Amendments to the Noise Ordinance — First Consideration
DEPARTMENT: County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Chapter 16, Article III — Redlined John Roberts, 919-245-2318
Amendments
PURPOSE: To approve on first consideration amendments to Chapter 16, Article III, Noise
Ordinance, of the Orange County Code of Ordinances. (First consideration is due to the fact that
this Ordinance includes a criminal penalty for violations and thereby the amendment must be
considered at two (2) meetings prior to final approval.)
BACKGROUND: For the last 10-15 years the North Carolina General Assembly has greatly
expanded the definition of what is considered to be agriculture in the state by including the term
"agritourism" within the term "agriculture." The expansion of agritourism has greatly benefited
North Carolina farmers by allowing a wide array of new uses on farm property while
simultaneously prohiting zoning regulation of those new uses. Some activities adjacent to
agritourism such as loud music, amplified noise, fireworks, etc., while perhaps appropriate in more
urban settings, are not appropriate in rural settings among working farms.
North Carolina General Statute 106-701 generally prohibits local governments from enforcing
nuisance ordinances against "agricultural and forestry operations." The statute defines
"agricultural operation" as "any facility for the production for commercial purposes of crops, a Type
compost facility, livestock, poultry, livestock products, or poultry products. Production for
commercial purposes of livestock includes the rearing, feeding, training, caring, boarding, and
managing of horses." It defines "forestry operation" as "those activities involved in the growing,
managing, and harvesting of trees." This definition does not appear to encompass agritourism
activities.
To alleviate the burden some agritourism adjacent activities create for neighboring farms and
residents, County staff recommend clarifying that certain noise producing activities are not exempt
from the County's Noise Ordinance. The Sheriff was consulted on this item because the Office
of the Sheriff is the enforcing agency of the Noise Ordinance.
FINANCIAL IMPACT: There is no financial impact associated with this item.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
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RECOMMENDATION(S): The Manager recommends the Board approve on first consideration
the amendments to Chapter 16, Article III, Noise Ordinance, of the Orange County Code of
Ordinances, with the amendments to be presented at a subsequent Board meeting for second
consideration and final approval.
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ORD-2025-029
PART I-GENERAL ORDINANCES
Chapter 16-ENVIRONMENT
ARTICLE III. NOISE
ARTICLE 111. NOISE'
Sec. 16-51. Definitions.
In addition to the common meaning of words,the following definitions shall be used in interpreting this
Article.
Agritourism-adiacent activities:Activities and events that generate noise and are unrelated to traditional
bona fide farming, pick-your-own,and agricultural or forestry operations,to include but not be limited to, music,
crowds, non-permitted fireworks,and amplified noise of any type.
Amplified:Any increase of sound by the use of mechanical or electronic equipment.
ANSI standards:American National Standards Institute(ANSI) Publication ANSI,S1.4-1997 or the latest
approved version thereof.
"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.
d8(A):Sound level in decibels determined by the "A"weighting scale.
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.
Impact sound:Sound that occurs intermittently rather than continuously.
Motor vehicle:Any motor vehicle as defined by G.S.§20-4.01(23), or its successor statute.
Noise: Includes any sound or source of sound prohibited by section 16-52 of this Article,or any unreasonably
loud and disturbing noise as defined herein and prohibited by subsection 16-53(a)of this Article,or any sound that
exceeds the maximum permissible sound levels set by subsection 16-53(b)and measured as set forth in section 16-
54 of this Article.
Person:Any individual, association,firm, partnership,corporation or business entity.
Receiving land:Property that receives the transmission of noise or other sound that is generated on other
property.
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.
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.
'Editor's note(s)—Ord.of June 7,2005 did not specify manner of codification, hence these provisions were
included as Art. III,§§ 16-51-16-58 by the editor.
Cross reference(s)—Noise, §26-46;supplementary performance standards,§50-152.
Orange County, North Carolina,Code of Ordinances Created: 2023-12-19 09:11:21 [EST]
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Unreasonably loud and disturbing noise:Any sound v4ch that 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.
(Ord.of 6-7-2005,art. I,eff. 6-7-2005)
Sec. 16-52. 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 defined in the Orange County Zoning Ordinance),or within 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 9:00 p.m.
and 8:00 a.m., if the vehicle is being driven off-road for racing.This section shall apply to all
noncommercial 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 9:00 p.m.and 7:00 a.m.
(3) Using Use of the compression release engine or transmission breakingbraking system of motor
vehicles between the hours of 9:00 p.m.and 8:00 a.m. in nonemergency circumstances.
(Ord.of 6-7-2005, art. II,eff.6-7-2005)
Sec. 16-53. Maximum permissible standards by receiving land.
(a) It shall be unlawful for any person to make,create, permit,or to continue any source of unreasonably loud
and disturbing noise in Orange County.
(b) 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 section 16-54.
TABLE I:Sound Levels dB(a) by Receiving Land Zoning Category as Defined by the Appropriate Zoning Ordinance
Receiving land zoning category Maximum decibel (dB(A)) levels Maximum decibel (dB(A)) levels
during the following hours of day: during the following hours of
Sunday—Thursday 8:00 a.m. — evening:
9:00 P.M. Sunday—Thursday 9:00 p.m. —
Friday&Saturday 8:00 a.m. — 8:00 a.m.
11:00 P.M. Friday&Saturday 11:00 p.m. —
8:00 a.m.
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Residential or planned 60 dB(A) 50 dB(A)
development having a residential
component
Commercial 65 dB(A) 55 dB(A)
Industrial 70 dB(A) 60 dB(A)
(Ord.of 6-7-2005, art. III, eff. 6-7-2005)
Sec. 16-54. Sound measurement standards.
Standards, instrumentation,and measurement procedures to be used in the measurement of sound as
provided for in this Article 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 complainant's property.
(4) In the case of noises emanating from within a multi-family structure and where a complainant is a
resident of the same multi-family structure, noise measurements shall be made in the unit of
complainant at a height of at least four 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 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 second periods.The sound meter operator may cease taking
readings as soon as the readings already taken show a violation of this Article. Five readings above the
allowed decibel limits as specified in subsection 16-53(b)attributed to the sound source or sources
shall constitute prima facie evidence of a violation of the maximum permissible sound levels set in this
Article.
(Ord.of 6-7-2005, art. IV,eff.6-7-2005)
Sec. 16-55. Exceptions.
The following are exempt from the provisions of this Article:
(1) Construction operations from 7:00 a.m.to 9:00 p.m.on weekdays and 8:00 a.m.to 9:00 p.m.on
weekends for which any required building permits have been issued, provided all equipment is
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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) Nonamplified 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 manufacturers'specifications and with all standard noise
reducing equipment in place and in good working order.This exception does not apply to Agritourism-
adjacent activities.
(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 muffler,
in good working order and in constant operation, including noises coming from compression release
engine or transmission hf^�r�am-r1 T-braking 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 7:00 a.m.and 9:00 p.m.
when operated with all the manufacturers'standard noise reducing mufflers in use and in proper
operating condition.
(10) Nonamplified crowd noise at regularly scheduled athletic events at county parks, and public or private
schools.
(11) Nonamplified speeches made from a fixed location in nonresidential 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 tracksracetracks,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 6:00 a.m. and 9:00 p.m.
according to the manufacturers'specifications and with all standard noise reducing equipment in place
and in proper condition.
(Ord.of 6-7-2005, art.V,eff. 6-7-2005)
Sec. 16-56. Burden of proof regarding exceptions.
In any proceeding based upon this Article, if an exception stated in this Article would limit obligation, limit
liability,or eliminate either an obligation or liability,the person whom would benefit from the application of the
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exception shall have the burden of proving that the exception applies and that the terms of the exception have
been met.
(Ord.of 6-7-2005, art.VI,eff.6-7-2005)
Sec. 16-57. Violations and penalties.
(a) Violations.
(1) The Orange County Sheriff shall be responsible for the enforcement of this Article, including
responding to complaints concerning possible noise,such as specifically prohibited noise and
unreasonably loud and disturbing noise,determining noise level violations of this Article and issuing of
warnings or notices as provided for in this Article.
(2) Upon his or her determination that there is probable cause to believe that a violation of this Article 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.
(3) Any person or persons violating this Article 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.
(4) 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 Article.
(5) An arrest,citation or complaint for the violation of any part of this Article must be based on probable
cause arising from objective evidence of the following:
a. A specifically prohibited noise identified in section 16-52. (Provides minimum noise protection
and the least inclusiveness of the types of noises prohibited);and/or
b. Physical sense perceptions and observations of unreasonably loud and disturbing noise as
defined in, and proscribed in subsection 16-53(a),at the time and place such is occurring
(provides intermediate noise protection and intermediate inclusiveness of the types of noises
prohibited); and/or
C. Noise that exceeds the maximum permissible sound levels prescribed in subsection 16-53(b)of
this Article(provides maximum noise protection and maximum inclusiveness of the types of
noises prohibited); and/or
d. Noise that violates any combination of the foregoing.
(6) For purposes of this Article the"Orange County Sheriff'shall include the Sheriff and any Deputy Sheriff
of Orange County.
(b) Civil penalties.
(1) Any person violating any of the provisions of this Article shall be subject to a civil penalty of$100.00.
Each day of a continuing violation shall constitute a separate violation under this subsection.
(2) The county manager,or his or her designee,shall be authorized to assess civil penalties under this
Article 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 60 days after demand for payment is made,the matter shall be
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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 Article.
(c) Criminal penalties. Any person who violates any provision of this Article shall be deemed guilty of a class 3
misdemeanor punishable by imprisonment not to exceed 15 days or by fine not to exceed $500.00, or both.
Each day of a continuing violation shall constitute a separate violation under this subsection.
(Ord.of 6-7-2005,art.VII,eff. 6-7-2005; Res. No. 2021-073,eff. 12-14-21)
Sec. 16-58. Abrogation.
This Article repeals the existing Orange County Noise Ordinance adopted August 15, 1983, as amended on
February 1, 1988.This Article is not intended to repeal,abrogate or impair any greater restriction 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, regulation or restriction impose higher standards than are
required by the provisions of this Article,this Article does not prohibit the enforcement of any such law,ordinance,
regulation or restriction.
(Ord.of 6-7-2005,art.XIX,eff. 6-7-2005)
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