The Noise Control Code for Chapel Hill sets maximum permitted sound levels for certain times and days of the week. The town set the acceptable noise level during the day at 60 decibels (about the volume of conversational speech heard from a foot away), and 50 decibels at night (the equivalent of the noise in an average office). On Thursday and Friday evenings and most of Saturday, the acceptable noise level rises to 70 decibels, equivalent to the noise from a busy street. While many cities have noise caps, Chapel Hill's code is stringent enough that it will actually restrict noise. The code also enacts a range of specific noise-making prohibitions and exceptions, establishes permits to exceed limits, and stipulates penalties for violations. Carolina Beach, NC has adopted this ordinance as well.

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CODE OF ORDINANCES
Town of Chapel Hill, North Carolina
Codified through Ord. No. 99-11-22/0-4.1, enacted Nov. 22, 1999.
(Suppl SUBPART B Chapter 11 MISCELLANEOUS PROVISIONS AND OFFENSES)

ARTICLE III. NOISE*

*Editor's note--Ord. No. 87-2-9/O-1, § 1, enacted Feb. 9, 1987, amended Art. III to read as herein set out in §§ 11-37--11-42. Formerly, Art. III, §§ 11-37--11-42, was derived from Ord. No. O-81-33, § 1, adopted May 11, 1981; Ord. No. O-81-61. § 1, adopted Sept. 14, 1981 and Ord. No. O-82-19, § 1, adopted March 8, 1982.

Sec. 11-37. Article designated noise control code.

This article shall be known as the
"Noise Control Code for the Town of Chapel Hill."

(Ord. No. 87-2-9/O-1, § 1)

Sec. 11-38. Terminology and standards.

(a) Terminology. All terminology used in this article not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

(1) A-weighted sound level: The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designed dB(A).

(2) Decibel (dB): A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micronewtons per square meter.

(3) Sound pressure level: Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micronewtons per square meter.

(4) Sound level meter: An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighing network used to measure sound pressure levels.

5) Sound level: The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute Specifications for sound level meters (ANSI S1.4-1971, or the latest approved version thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

(6) Emergency work: Any work performed for the purposes of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.

(7) Outdoor amplified sound: Any sound using amplifying equipment whose sound is outside or whose source is inside and the sound propagates to the outside through open doors or windows or other openings in the building.

(8) Sound amplifying equipment: Any device for the amplification of the human voice, music or any other sound, including juke boxes, stereos and radios.

(b) Standards. Standards, instrumentation, personnel, measurement procedures and reporting procedures to be used in the measurement of sound as provided for in this section shall be those as specified herein:

(1) Sound level measurement shall be made with a sound level meter using the "A" weighting scale, set on "slow" response.

(2) Sound level meters shall be of a least Type Three meeting American National Standard Institute Incorporated (ANSI) S1.4-1971 requirements The entire sound measurement system shall be serviced and calibrated and operated as recommended by the manufacturer. Persons using the sound level meters shall be trained in sound level measurement and the operation of sound level measurement.

(3) The town manager or his designee shall issue a general order adopting standards and procedures for sound level measurements and enforcement consistent with this article.

(Ord. No. 87-2-9/O-1, § 1)

Sec. 11-39. Maximum permitted sound levels.

(a) The use of sound amplifying equipment is limited to the conditions specified in this section.

(b) No person or group of persons shall operate or cause to be operated any source of sound in such a manner as to create a sound level which at its peaks exceeds the limits set forth herein below when measured beyond the property line from which the sound originates.

(c) A live musical group or individual using sound amplifying equipment may operate out of doors only if the business manager or an authorized agent of that business manager has been granted a permit. This permit may be secured after it is signed by an authorized agent of the musical group and by a representative of the individual organization or group retaining the services of the musical group and on whose premises the amplifying equipment is to be used.

(d) The following are established as maximum sound levels:

(1) Nighttime sound levels (after 11:00 p.m. until 8:00 a.m.) may not exceed fifty (50) dB(A) except as noted in (3) below.

(2) Daytime/evening sound levels (between 8:00 a.m. and 11:00 p.m.) may not exceed sixty (60) dB(A) except as noted in (3) below.

(3) Daytime/evening sound levels in excess of sixty (60) dB(A) will be permitted upon issuance of a permit and allow sound levels exceeding those set above as follows:

Thursday evening, (5:00 p.m.--11:00 p.m. Thursday) . . . 70 dB(A)

Friday evening, (5:00 p.m.--Midnight Friday) . . . 70 dB(A)

Saturday, (10:00 a.m.--Midnight Saturday) . . . 70 dB(A)

(4) Except as otherwise allowed by section 11-41(d)(3) and section 11-41(e)(2), a permit to exceed sound levels may only be issued during the days and times listed in section 11-39(d)(3), to a maximum level of seventy (70)dB(A). No outside amplified sound will be allowed unless a permit has been issued, subject to the exemptions set out in section 11-40.

(Ord. No. 87-2-9/O-1, § 1; Ord. No. 87-2-9/O-1, § 1; Ord. No. 91-5-13/O-1.1, § 1)

Sec. 11-39.1. Noises prohibited, nuisances.

 (a) General prohibitions. It shall be unlawful to create, cause or allow the continuance of any unreasonably loud, disturbing, unusual, frightening or unnecessary noise, particularly during nighttime, which interferes seriously with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following:

(1) Yelling, shouting, whistling or singing. Yelling, shouting, whistling or singing on the public streets or private property at nighttime.

(2) Noisy parties. Congregating because of, or participating in any part or gathering of people, during nighttime.

(3) Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or other similar objects during nighttime.

(4) Repair of motor vehicles. The repair, rebuilding or testing of any motor vehicle during nighttime.

(5) Radio, phonograph, television, or musical instrument. The playing of any radio, phonograph, musical instrument, television, or any such device, particularly during nighttime

 (b) Specific prohibitions. The following acts are prohibited and shall be considered nuisance acts:

(1) Horns and signaling devices. The intentional sounding of any horn or signaling device of a motor vehicle on any street or public place continuously or intermittently, except as a danger or emergency warning.

(2) Motor vehicles. Operating or permitting the operation of any motor vehicle or motorcycle not equipped with a muffler or other device in good working order so as to effectively prevent loud or explosive noises therefrom.

(3) Exterior loud speakers. Operating or permitting the operation of any mechanical device or loudspeaker, without a permit to do so, in a fixed or movable position exterior to any building, or mounted on any aircraft or motor vehicle in such a manner that the sound therefrom is in excess of the maximum decibel level as described in section 11-39.

(4) Power equipment. Operating or permitting the operation of any power saw, sander, drill, grinder, leaf blower, lawn mower, or other garden equipment, or tools of a similar nature, outdoors during nighttime.

(5) Explosives. The use or firing of explosives, firearms, fireworks or similar devices which create impulsive sound.

(6) Security alarms. The sounding of a security alarm, for more than twenty (20) minutes after being notified by law enforcement personnel.

(Ord. No. 90-6-25/O-1, § 1; Ord. No. 91-5-13/O-1.1, § 2; Ord. No. 91-9-10/O-3, § 1)

Sec. 11-40. Exceptions.

The following are exempt from the provisions of this article:

(1) Sound emanating from regularly scheduled outdoor athletic events on the campus of the University of North Carolina.

(2) 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 building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with manufacturer's specifications and with all standard equipment manufacturer's mufflers and noise-reducing equipment in use and in properly operating condition.

(3) Noises of safety signals, warning devices, emergency pressure relief valves, all church bells and the bells of the Bell Tower and the bell on South Building on the University of North Carolina campus.

(4) Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency.

(5) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the town in accordance with the above. Regulations of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit and contained above.

(6) Unamplified and amplified sound at street fairs conducted by or for the Town of Chapel Hill

(7) An official all-campus University of North Carolina event, held on the University Campus, no more than one weekend in duration, occurring no more often than twice per year.

(8) All noises coming from the normal operations of properly equipped aircraft (not including scale model aircraft).

(9) All noises coming from normal operation of motor vehicles properly equipped with the manufacturer's standard mufflers and noise-reducing equipment.

(10) Noise from lawful fireworks and noisemakers on holidays and at religious ceremonies.

(11) Lawn mowers, agricultural equipment, and landscape maintenance equipment used between the hours of 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard mufflers and noise-reducing equipment in use and properly operating condition.

(12) Musical accompaniment or firearm discharge related to military ceremonies.

(13) Sound amplification equipment used in conjunction with telecommunications systems on business properties to notify employees of that business of incoming phone calls, providing that this system be used only between the hours of 7:00 a.m. and 10:00 p.m., and that any speakers attached to the system be oriented toward the interior of the property.

(14) Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, or to restore public utilities, or to protect persons or property from an imminent danger.

(15) Noises resulting from the provision of government services.

(16) Noises resulting from the provision of sanitation services.

(Ord. No. 87-2-9/O-1, § 1; Ord. No. 90-6-25/O-1, § 2)

Sec. 11-41. Permit to exceed limits.

(a) Who may apply. A person or group of persons may produce or cause to be produced sound in excess of sixty (60) dB(A) only during the hours specified in section 11-39, and only if a permit to exceed the limit for the time and place of the activity has been obtained.

(b) Application or permit. Any person or group of persons desiring a permit shall apply as provided herein, and shall provide all information required.

(c) Timeliness of application. The business manager or authorized agent or any person or groups of persons desiring a permit for a live musical group or individual to perform out of doors using sound amplifying equipment must apply forty-eight (48) hours prior to the activity from which the permit is requested. A person applying for a permit to exceed the sound levels set out in section 11-39 (1) or (2) or to use sound amplifying equipment may apply jointly with the business manager or authorized agent of the musical group if live music is to be provided.

(d) Action by town manager. The town manager or his designee will act upon all requests for:

(1) A permit to exceed the limits specified during the hours specified;

(2) A permit on behalf of the business manager or authorized agent of any musical group that wishes to operate out of doors during the hours specified.

(3) A permit to exceed the limits for any time other than specified in section 11-39(d)(3).

(e) Consideration by town manager.

(1) In considering and acting on all requests or permits pursuant to this article, the manager shall consider, but shall not be limited to the following, in issuing or denying such permit: The timeliness of the application; the nature of the requested activity or event; the time of the event; other activities in the vicinity of the location proposed; the frequency of the application; the effect of the activity on the residential areas of the town; previous experience with the applicant; and previous violations, if any, of the applicant.

(2) In addition, in order to issue a permit under section 11-41(d)(3), the manager must determine that granting such a permit would have minimum or no impact on the surrounding area or is of a communitywide nature; and during daylight hours.

(f) Requirements by town manager.

(1) A permit granted under this section will require the payment of a five dollar ($5.00) administration fee.

(2) The town manager or his designee may require that no sound speakers shall be set up more than ten (10) feet above the ground.

(3) The town manager or his designee may require that the permit holders change the arrangement of loud speakers or the sound instruments so as to minimize the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines.

(4) That the permittee notify at least one adult at every residential address within two hundred fifty (250) feet of the site of the proposed sound source that a permit has been issued. Such notification must be in writing and be done twenty-four (24) hours prior to the starting time of the permit.

(g) Cooperation with police. Permit holders agree to cooperate with the police department in enforcing the noise control ordinance by having the signers of the permit available at the site of the event during the entire time for which a permit has been issued and capable of assisting the police in enforcing the noise control ordinance. Failure of such signer of a permit to be present or to assist the police in complying with this article will be cause for revocation of said permit.

(Ord. No. 87-2-9/O-1, § 1; Ord. No. 91-5-13/O-1.1, § 3)

Sec. 11-42. Violations.

a) Any person who violates any portion of this article shall receive an oral order to cease or abate the noise immediately, or within a reasonable time period. During nighttime, or if a second violation occurs within sixty (60) days, an oral order to cease or abate need not be issued prior to issuing a citation for violation of any portion of this article.

(b) If the order to cease or abate the noise is not complied with, the person or persons responsible for the violation may be charged with a violation of this article and subject to a fine of five hundred dollars ($500.00).

(c) Violation of section 11-41 of this article is cause for immediate revocation of a permit to exceed normal limits. The town manager or manager's designee may deny a request to exceed the limits or to operate sound-amplifying equipment to any individual, group, organization, or musical group who has held a permit to exceed normal noise levels within the previous six (6) months, and has violated the conditions of said permit, or who has violated any condition of this article within the previous six (6) months, with or without a permit. All permits issued pursuant to this article shall contain a statement of the penalties for violations set forth herein.

(d) Parties who experience ongoing disagreement concerning noise may be referred to the dispute settlement center for mediation services. Referral forms will be provided by the police department. The dispute settlement center will provide services in accordance with the agency's policies and procedures.

(Ord. No. 87-2-9/O-1, § 1; Ord. No. 90-6-25/O-1, § 2; Ord. No. 92-4-13/O-4, § 16)

Cross reference(s)--General penalty for violation of Code, § 1-7.

Secs. 11-43--11-52. Reserved.