OFFENSES—MISCELLANEOUS § 2-9-37

ARTiCLE LII. NOISE*

Sec. 2-9-36. Title.

This article shall he known and may be cited a~the NoisePollution Ordinanceof WakeCounty.

(Ord. of 11-17-86)

Sec. 2-9-37. Definitions.

In addition to the common meaningof words, the followingdefinitions shall be usedin interpretingthis article:

~‘A” WeighingScale.The soundpressurelevel, in decibels,asmeasuredwith the sound level meter using the “A” weightednetwork (scale),The standardunit notationis dB(A).

AmbientBaseNoiseLevel.The averagesoundpressurelevel indB(A) during a reasonableperiod of time, asdeterminedby em-ploying a sound level meteras describedin section 2-9-39 andexcluding impulsive sounds.

ANSI. AmericanNational StandardsInstitute or its successorbodies.

Construction.On-siteerection, fabrication, installation, alter-ation, demolition or removalof anystructure,facility or additionthereto, including all related activities, including, but not re-strictedto, clearingof land,earthmoving, blasting~.ndlandscaping.

DaytimeHours. 7:00a.m. to 11:00p.m., local time.

dB(A). Soundlevel in decibels,determined~y the “A” weigh-ing scaleof a standardsoundlevel meter having characteristicsdefinedby the AmericanNational StandardsI~istitute,Publica-tion ANSI, Si .4-1971,for aType 2 instrument.

*Editor~snote—An orthnanceadoptedNov. 17, 1986, amendedthis article in

its entirety, to readas hereinsetout, exceptthat § 2-9-44,severability,hasbeenomittedat theeditor’s discretion.FormerArt, III, § § 2-9-36----2-9-38,pertaining tosimilar subjectmatter, was derivedfrom an Ordinanceof December3, 1973, § §1.0, 3.0, 4.0; arid amendmentsadoptedon August 7, 1978,Noveipbor5, 1979, andNovember19, 1979.

Cross reference—Barkingdogs, § 2-3-12.Statelaw reference—Noiseregulation by counties,G.S. § 153A-133.

§ 2-9-37 WAKE COUNTY CODE

Decibel (dB). A unit of measure,on a logarithmic scale,of theratio of the magnitudeof a particular soundpressureto a stan-dardreferencepressure,which for purposesof section2-9-39 through.2-9-40 shall be 0.0002microbars.

EmergencyWork. Work madenecessaryto restorepropertyto asafecondition, work required to protect.provide or preventper-sonsor property from dangeror potential danger;or work byprivateor public utilities whenrestoringutility service.

Nighttime Hours. 11:00p.m. to 7:00a.m.,local time.

Person.Any individual, corporation,partnership,firm, associ-ation, trust, estate,public or private institution, group, agency,political subdivision of this state, any other state or politicalsubdivision or agencythereofor any legal successor,representa-tive, agentor agencyof the foregoing.

SoundLeveL In decibels, a weightedsoundpressurelevel de-terminedby theuseof asoundlevel meter whosecharacteristicsandfrequencyweightingsarespecifiedin ANSI standards.

SoundLevelMeter. Any instrumentcertified to meetor exceedANSI standardswhich includesan omnidirectional microphone,an amplifier, an outputmeterandfrequencyweighting network(s)for themeasurementof soundlevel.

Sound-magnifyingDevice. Any deviceor machinefor the mag-nification of a humanvoice, musicor any othersound.“Sound-magnifying device” shall not includeemergencywarningdeviceson police, fire, ambulanceor otheremergencyvehicles,nor shallit include horns or steamwhistles which are usedfor purposesauthorizedby sections2-9-41(a)and(e), respectively.

SoundPressureLevel. In decibels,twenty (20) timesthe loga-rithm to the base10 of the ratio of the magnitudeof aparticularsoundpressureto the standardreferencepressure.The standardreferencepressureis 0.0002microbars.

UnnecessaryNoise. Any excessiveor unusuallyloud soundorany soundwhich disturbs the peaceand quiet of any neighbor-hood or which doesannoy, disturb, injure or endangerthe com-fort, repose,health,peaceor safetyof any personor causesdam-ageto propertyor business.(Ord. of 11-17-86)Supp.No.2 1118

OFFENSES—MISCELLANEOUS § 2-9-39

3ee. 2-9-38. Prohibition of noisepollution.

It shEll be unlawful for any personto causeor allow the eniis-dion of any unreasonablyloud, disturbingandunnecessarynoisein the county. Specifically, it shall be unlawful to createor emitnoiseof suchcharacter,intensity or duratiohasto bedetrimentalto the health of any individual or that is abovethe soundemis-sion decibel limits set forth herein.(Ord. of 11-17-86)

Sec. 2-9-39. Measurementtechniques.

(a) Exceptfor noisewithin multifamily or multitenantedstruc-tures,noisemeasurementsshall be madefifty (50) feet from thestructure or instrumentality emitting the noise complained-of;but when the measurementfifty (50) feetaway is not pra9tical,noise meaburementsmay be madeat the boundaryof the/publicright-of-way which adjoinsthe complainingproperty. Suchnoisemeasurementsshall be madeat a height of at leastfour (4) feetabovethe groundandat a point approximatelyten(10) feetawayfrom walls, barriers, and obstructions(trees,bushes,etc.) on asoundlevelmeteroperatedon the“A” weightingnetwork(scale).In the caseof noiseswithin multifamily or multitenantedstruc-tures,noisemeasurementsshall bemadein the complainingunitat a height of at least four (4) feet above the floor or in thecommon areanearestthe unit from which suspectsoundis ema-nating and at a point approximatelyequidistantfrom all wallson a soundlevel meteroperatedat the “A” weighting network(scale).

(b) No individual other than the operatorshall be within ten(10) feet of the soundlevel meterduring thesampleperiod.

(c) Soundmeasurementsshallbe conductedat that time of dayor night whenthe suspectnoisesourceis emitting sound.

(d) Thesoundlevelmeasurementshall be determinedas follows:

(1) Calibratethe soundlevel meterwithin one(1) hour beforeuse-

(2) Setthe soundlevelmeteron the “A” weightednetworkatslow response.

Supp.No. 21119

§ 2-9-39 WAKE COUNTY CODE

(3) Set the omnidirectionalmicrophonein an approximatelyseventy-degreeposition in a location which complieswithsubsections(1) and (2), above. The operatorof the soundlevel metershall facethe noise sourceandrecordthe me-ter’s instantaneousresponse(reading)observedat consec-utive ten-secondintervals until twenty (20) readingsareobtained.

Recalibratethe soundlevelmeterafter use.

(e) It shall be unlawful for anypersonto interfere,throughtheuse of sound or otherwise, with the taking of sound levelmeasurements.(Ord. of 11-17-86)

Sec. 2-9-4Q. Soundemissionstandardsandlimitations.

(a) Unlessotherwisespecificallyindicated,it shallbeunlawfulduring the daytimeor nighttimehoursfor any personto causeora’low the emissionof soundfrom any sourceor sourceswhich,when measuredpursuant to section 2-9-38, exceedthe decibellimits specified in Table 1 more than ten (10) percent of anymeasuringperiod, which shall be the length of time to taketwenty (20)readingsat consecutiveten-secondintervals.

Table1. MaximumNoiseLimitations dB(A)

ZoningDistrict Daytime Nighttime(7.00n.m. (11:00p.m.

to to11:00p.m.) 7:00 a.ni.)

Residential,including mobile homes 55 50Office and institutionalGeneralBusiness 60 55Industrial, Heavy Commercial 70 65

(b) Notwithstandingthe locationof hospitals,resthomes,schoolsor day carefacilities, it shall be unlawful for any personto causeor allow the emissionof soundonto the structureof such useswhich exceedsthe maximum noise limitations for residentialzoningdistricts.

Supp.No.2 1120

OFFENSES—MISCELLANEOUS

(c) For activities which arenecessaryfor railroad operationsitshall be unlawful for any personto causeor allow theemissionofsound from the boundariesof railroad rights-of-way which ex-ceeds80 dB(A) for daytime and 75 dB(A) for nighttime, withoutregardto the zoningdistrict of the abuttingproperty.

(d) The maximum noise limitation standardsdefined aboveshall not apply to the following soqrces:

(1) Emergencywarningdevicesor safetysignals;

(2) Lawn care equipment and agricultural field equipmentusedduring the daytimehours;

(3) Equipment being used for construction during daytimehours, provided that all equipment is operatedwith allstandardequipment,manufacturersmufflersand noise re-ducingequipmentin useandin properoperatingcondition;

(4) Parades,fairs, circuses,other similar public entertainment,sportingeventstaking placeduring daytimehoursin areas

\~ set aside for such activities, or any activities normallyassociatedwith any of the above;

(5) Chimesandsimilar deviceswhich operateduring daytimehours for a duration of no longerthan five (5) minutesinany given period;

(6) Emergencywork.(Ord. of 11-17-86)

Sec. 2-9-41. Enumeratednoises.

In addition to any otherviolation of this article, the actsenu-meratedbelow are specifically declaredto be unreasonablyloud,disturbing, and annoying or unnecessarynoise, the creationoremissionof which shall be unlawful, Suchenumerationshall notbe deemedto be exclusive:

(a) The soundingof any horn or signal deviceon any automo-bile, motorcycle,bus or other’vehicle, exceptasa dangersignal, so as to createany unreasonablybuds or harshsoundor the soundingof such device for an unnecessaryandunreasonableperiodof time.

Supp.No.2 1121

§ 2~9.41 WAKE COUNTY CODE

(b) The useof any automobile,motorcycleor othervehicle soout of repair,so loadedor in suchmannerasto createloudor unnecessarygrating, grinding, rattling or othernoise.

(c) The useof any gong or siren upon any vehicle other thanpolice,fire, ambulanceor otheremergencyvehicles.

(d) The playing of any soundmagnifying device,radio, televi-sion, phonographamplifier system,tapedeck,taperecorderor other musical instrument in such a manneror withsuchvolume,between11:00p.m. and7:00a.m.,as to annoyor disturb the quiet, comfort or reposeof any personorpersonsin any dwelling, hotel or othertype of residence.

(e) The blowing of any steamwhistleattachedto any station-ary boiler exceptto give noticeof the time to begin or stopwork or as a warningof danger.

(0 The dischargeinto the openair of the exhaust of anysteamengine,stationaryinternal combustionengine,motorvehicleor motorboatengine,except through a muffler orother device which will effectively preventloud or explo-sive noisestherefrom.

(g) The useof anymechanicaldeviceoperatedby compressedairunlessthe noise createdtherebyis effectively muffled andreduced.

(h) The creationor emissionof excessivenoiseassociatedwiththe erection,alteration, substantialrepair, or demolitionof any building, earthmoving activities, streetpaving orutility construction,in a residentialor businessdistrict,other than betweenthe hours of 7:00 a.rn. and.11:00p.m.,exceptin thefollowinginstances:

(1) Where the constructionas statedabove is one thou-sand(1,000) feetfrom the nearestdwelling, hotel, motelor other type of residenceor businessestablishment.

(2) Whenthe residentsof all dwellings,hotels, motels orother types of residencesor businessestablishmentslocated less than one thousand(1,000) feet from theconstruction as stated above give their written per-mission for the constructionto continueat all hours.

Supp.No.2 1122

OFFENSES—MISCELLANEOUS § 2-9-41

(3) Wherethe constructionasstatedabove,becauseof theverynatur~of thecOnstruction,Enu~tbecontinuousat

all hours,or becauseof either federalor statelaw orregulationmust be continuousat all hours.

(4) Emergencywork or constructionfor the preservationof public health or safetyis permittedat any time.

(i) The creationof any excessivenoiseon any streetadjacentto any school,institution of learning,churchor courtwhilethe sameare in session,or within onehundredfifty (150)feet of any hospital which unredsonablyinterfereswiththe working of such institution or which disturbsor dulyannoyspatientsin the hospital, providedconspicuoussignsaredisplayedin such streetsindicating that the sameis aschool,church,courtor hospitalstreet.

(j) - - The creationof loudandexcessivenoisein connectionwithloading or unloading any vehicles,or the opening,closingor destructionof bales,boxes,cratesandcontainers.

(k) The shoutingandcrying of peddlers,barkers,hawkersorvendorswhich disturbsthe quiet.andpeaceof the neighbor.hood.

(I) The useof any drum, loudspeakeror other instrumentordevicefor the purposeof attractingattentionby creationofnoise to any performance,show or saleor display of mer-chandise.However, this section does not apply to noisecreatedby devices,bandsor musical instrumentsusedinany public paradeor public procession,nor to a public fair,public circusor public athletic event.

(m) The conducting,operatingor maintainingof any garageorfilling stationin anyresidentialdistrict soasto causeloudor offensive noisesto be emitted therefrom betweenthehoursof 11:00p.m. and7:00a.m.

(n) The firing or discharging of firearms in the streets orelsewherefor the purposeof making noiseor disturbance.

(o) The conductingof contestsof “turkey shoots” wherefire-arms are dischargedin trials of skill and the contestantsshootfor turkeysor otherprizes,exceptbetweenthe hoursof 7:00am. and11:00 p.m.

Supp.No.2 1123

§ 2-9-41 WAKE COUNTY CODE

(p) The keepingof any bird, livestock or otheranimal which• by causingfrequent or long continuednoise disturbs the

comfort or reposeof individuals in the vicinity.(Ord. of 11-17-86)

See.2-942. Presumptionin prosecutionfor noiseviolations.

The complaintsof two (2) or more persons,at leastoneof whomresidesin adifferent homefrom the othercomplainingpersonorpersons,whencombinedwith the complaint of aduly authorizedinvestigating person, shall be prima facie evidencethat suchsoundis unreasonablyloud, disturbing,and annoyingor unnec-essarynoise.Soundemissiondecibelmeasurementsshall not berequired~forestablishmentof aprima facie case.(Ord. of 11-17-86)

Sec. 2-943. Burden of persuasion regarding exceptionstonoiserestrictions.

In any proceedingpursuantto this article, if an exceptionthaybe applicableto limit an obligation to comply with the regula-tions herein, the personwho would benefit from the applicationof the exceptionshall have the burden of persuasionthat theexceptionapplies andthat the termsof the exceptionhavebeenmet.(Ord. of 11-17-86)

Supp.Ne. 21124 [Thenextpageis 11’39~

REGULARsEssIoN — FIRST DAY September 7, 1.993

RESOLUTION IN SUPPORTOF INCREASING PARENTAL RIGHTSWITH RESPECTTO RUNAWAY’ CHILDREN

At the Intergovernmental Committee meeting heLd August 33, 1993, the Committee

considered a resolution in support of increasing par~ntal rights with respect to runaway

children.

The Intergovernmental. Committee recommended to the full Board adoption of Resolution

R-93-86, as amended, in support of increasing parental rights with respect to runaway

children.

Upon motion of Commissioner Nichols, seconded by Commissioner Jones, the Board

unanimously approved the recommendation of the Intergovernmental Committee, accordingly.

RESOLUTIONR-93-86 IN SUPPORTOF INCREASINGPARENTALRIGHTS WITH RESPECTTO RUNAWAYCHILDREN

WHEREAS, parents in North Carolina are becoming increasingly frustrated bytheir lack of legal authority to exert parental control over their runawaychildren ages sixteen and seventeen; and

WHEREAS, as a result of this lack of legal authority, parents find that theyare often unable to obtain effective assistance in locating runaway Children; and

WHEREAS, the fact that sixteen and seventeen year old children are viewed bylaw enforcement agencies. as adults limits the ability of parents to locate theirrunaway children.

NOW, THEREFORE, BE IT RESOLVEDthat the CornmissionersofWake County, NorthCarolina, petition the North Carolina General Assembly to make the necessaryamendments to the North Carolina General Statutes to allow sixteen and seventeenyear old, unomancipated runaway children to be considered as children under thelaw in matters involving parental control.

AMENDMENT TO THE NOISE ORDINANCE

At the Community Development Committee meeting held August 30, 1993, the Committee

considered an amendmentto the Wake Count-I Noise Ordinance making it clear that the

Ordinance may be enforced by equitable remedies including injunction and abatementof the

noise.

It was the recommerLdationof the Community Development Committee to the full Board

that approval be given to adopt Ordinance 0-93-13 amending the Wake County Noise Ordinance

regarding enforcement.

Upon motion of CommissionerAdcock, secondedby Ccmmissioner Ward, the Board

unanimously approved the recommendationof the Community Development Committee,

accordingly.

ORDINANCE 0—93-13

AMENDING THE WAKE COUNTY NOISE ORDiNANCE

WHEREAS, the Wake County Noise Ordinance does not specifically provide forenforcement through equitable means; and

WHEREAS, equitable remedies such as abatement and injunction are often thepreferred method for enforcing ordinances such as the Noise Ordinance.

MOW, THEREFORE, BE IT ORDAINEDby the Wake County Board of Commissionersthat the Wake County Code is hereby amended to include a new section which shallread as follows:

Section 2-9-44. This Ordinance may be enforced by any of the remediesprovided under N.C.G.S. 153A-123 including, but not limited to, the equitableremedies contained therein.

INTERLOCAL AGREEMENT WITH THE TOWN OF APEX

REGARDING CONSTRUCTION OF A REGIONAL LIBRARY

In December 1987, Wake County and the Town of Apex entered into an agreement regarding

construction of a regional library in Apex, using funds which had been willed to the Town.

Said agreement expired on June 30, 1989, and a new agreement needs to be executed in order

to proceed with the project.

REGULARSESSION - FIR ~DAY April 4, 1994

events exempted the operation of the race track from the restrictions of the ordinance. At

the Board’s request, an amendment to the ‘ordinance which addresses the problem has been

drafted.

At the Administration Committee meeting held March 28, 1994, the Committee recommended

to the full Board approval of Ordinance 0-94—6, an amendment to the Wake County Noise

Ordinance.

Upon motion of CommissionerJones, secondedby Commissioner Pendleton, the Board

unanimously approved the recommendationof the Administration Committee, accordingly.

ORDINANCE 0-94-6

ANENDING THE WAKE COUNTY NOISE ORDINANCE

WHEREAS, creation of loud and unnecessarynoise from motorized sportingevents disturbs the public; and

WHEREAS, the Wake County Noise Ordinance currently does not specifically

addressmotorized sporting events;

NOW, THEREFORE, BE IT ORDAINED that §2-9-40(d) (4) is hereby amendedto readas follows:

(4) Parades, fairs, circuses, other similar public entertainment, sportingevents taking place during daylight hours in areas set aside for suchactivity, or any activities normally associated with any of the above,provided that in any sporting event utilizing motor vehicles thevehicles be equipped with properly operating mufflers and noisereducing equipment as would be required for operation of the motorvehicle on the public streets;

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REQUEST BY BOARD OF EDUCATION FOR FUNDING

TO IMPLEMENT CABLECASTING OF BOARD OF EDUCATION MEETINGS

On February 25, 1993, the Commissionersauthorized the Wake County Board of Education

to receive $40,000 from funds available for community access programming. These fundsare

providud annually from Cablevision of Raleigh per our franchise agreement. The Board of

Education has requested the $40,000 from thj~ year’s fund for additicnal equipment.

At the Administration Committee meeting held March 28, 1994, the Committee recommended

to the full Board that approval be given to request $40,000 from this year’s annual

commitment from Cablevision of Raleigh for cablecasting of Board of Education meetings.

Upon motion of CommissionerJones, secondedby Commissioner Pendletori, the Board

unanimously approved the recommendationof the Administration Committee, accordingly.

APPROVAL OF SCHEMATIC DESIGN FOR StJNNYBRCOK ROAD PARKING DECK

Working with County and Wake Technical Community Collage staff, the design team of The

Freelon Group and Walker Parking Consultants have completed a Parking Needs Analysis,

Preliminary Site DevelopmentPlan and Schematic Design for the Sunnybrook Road Parking

Deck. Spaceswould generally b~designated and project cost allocated as follows:

Public Health Center350 spacesat $7,000/space $2,450,000 (County CI? Funds)(includes deck, street andinfrastructure improvements)

Temporary off—site parking 100,000 (County CI? Funds)of 200 vehicles and shuttleservice required by DeckConstruction

Subtotal $2,550,000

Wake Tech Community Colle~400 spacesat $7,000/space $2,800,000 (Wake Tech Bond Funds)(includes deck, street andinfrastructure improvements)

TOTAL PROJECTCOST $5,350,000

At the Administration Committee meeting held March 28, 1994, the Committee recommended

to the full Board approval of site development and schematic design plans for a new

Sunnvhronk Pn~iP~r1’in’i fl’