Loud and Clear

In a show of solidarity against a proposed amendment to the Ocracoke noise ordinance, over 50 Ocracoke residents attended the February 1st meeting of the Hyde County Board of Commissioners. 

An online petition against the proposed amendment had gathered 1500 signatures in a few days before the meeting. The island was making a noise about noise, and the coconut telegraph and social media were all abuzz. Suddenly, everyone had a decibel-reading app on their phone, and could spout statistics about the decibel readings of various ambient noises (air conditioners, lawn mowers, conversation, golf carts, child's play, raucous public meetings, etc.) The public was ready to speak out about and defend their noisy neighbors.

County manager Bill Rich opened the discussion last night by explaining that the noise ordinance became an agenda item because he had been asked, by local law enforcement, to come up with a measurable and enforceable way to deal with noise complaints. As the ordinance on the books reads now, the sheriff's deputies must make subjective decisions on any noise disturbances made between 10pm and 7am. (See complete ordinance below.) So, after much research and discussion, the county manager's office (Bill, and his assistant Will Doerfer) came up with the new proposed ordinance that created such a hullaballoo. 

"It's obvious that the [proposed amendment] is not favorable to the majority of people," Bill said, adding that he'd received "lots of communication" about it in calls and emails. 

Bill recommended throwing out the new, and keeping the status quo. "This [proposed amendment] won't get a motion, so it will die, and the ordinance will stay the same." He said that the sheriff and deputies agree it would be best to keep what we have. "We'll keep it civil," he said, referring to criminality not cordiality. The new ordinance would have made it a criminal offense to be too loud; as it is now, the county can fine people money, but not throw them in jail. 

Of the 50+ people in the room, a few had come to speak, so they contributed to the public comment segment of the noise ordinance discussion. Garick Kalna, Stephanie O'Neal, Fess Winstead, and Mickey Baker spoke in Ocracoke; Jon Lea, Ashley Harrell, Megan Spencer, and Jeremy Piland spoke in Swan Quarter. They cited ridiculously low decibel levels in the new ordinance, and economic hardships that enforcement would bring. No one spoke out in favor of changing the existing ordinance. Mickey Baker urged "everyone to respect everyone else."

After the people had made their case, the commissioners discussed it among themselves.

The loudest moment of the evening came when Commissioner Barry Swindell made a motion to repeal the noise ordinance in full, and leave Ocracoke with no noise ordinance at all. Commissioner John Fletcher seconded the motion to a huge round of applause from the crowd on Ocracoke.

Swindell explained that the ordinance will continue to cause confusion "unless we do away with it completely." He then favorably compared himself to Donald Trump, eliciting an objection from Fletcher, who pointed out that Swindell's hair was not at all Trump-like. 

Cooler, less trumpeting, heads prevailed.

"Let's leave something people can work with," said Commissioner Ben Simmons, who attended the meeting on Ocracoke in between basketball games (he came to see his son, a Mattamuskeet Laker, play against the Dolphins.) "I don't want to restrict what people can do on their property, but I'm afraid that if we do away with [the existing noise ordinance] entirely, we'd hear about it again."

Earl Pugh, who is the Board of Commissioners chair, said that the existing ordinance "has worked for the past fifteen years." He argued against throwing it out, saying that without an ordinance, chaos would ensue.

"Things will be so wide open, they'll be out of control," he said, adding that "there's nowhere else in North Carolina that doesn't have a noise ordinance. It would be irresponsible of us not to have one."

The motion to do away with the existing ordinance failed 3–2. 

Some discussion of law enforcement's role in the existing ordinance followed. It was reiterated that the sheriff's office will respond if they are called with a noise complaint. They'll ask people to pipe down. They can even issue fines. They give out permits for special events. 

With no new motions made, the noisy part of the meeting was over, leaving the status quo as the status quo. The crowd, who minutes ago had been cheering on the demise of any noise ordinance, seemed satisfied to leave it as it is. 

At that point, the meeting quieted down considerably. Only nineteen people were left after the majority filed out, and not all of those made it to the end.

As one commissioners' meeting regular observed at the beginning, "If we had this many people turn out for every meeting, we could get a lot done." Several others marveled at the presence of so many "young people" (twenty- and thirty-something were there!) who were inspired to show their support for an issue. We may not ever see these people again at another commissioners' meeting, but hey, you gotta fight for your right to party!

For your reading pleasure, here's the once and future Ocracoke Noise Ordinance (boldface type highlights points discussed above): 

• ARTICLE II. - NOISE

  FOOTNOTE(S):

  --- (1) --- 

  State Law reference— County authority to regulate noise, G.S. 153A-133; sport shooting range protection, G.S. 14-409.46. Authority to regulate mass gatherings, see G.S. § 130A-258. 

• Sec. 16-18. - Purpose of noise regulations.   (a)

  It is recognized that excessive and unnecessary noise endangers the physical and emotional health and welfare of the people, interferes with legitimate business and recreational activity, increases construction costs, depresses property values, offends the senses, creates public nuisances and in other respects reduces the quality of life. 

  (b)

  It is further recognized that a substantial body of science and technology exists by which excessive sound may be measured and substantially abated. Because the regulation of excessive and unnecessary noise that may jeopardize human health or welfare or substantially degrade the quality of life is well within the purview of law enforcement powers, it is declared to be the purpose of this article to prevent, prohibit and provide for the regulation and abatement of excessive and unnecessary noise which may injure the physical and emotional health or welfare of its citizens or degrade the quality of life. 

  (Ord. of 6-20-2011)

  Editor's note— Ord. of 6-20-2011, amended Ch. 16, Art. II., §§ 16-19—16-24 in their entirety. For purposes of clarity, and at the editor's discretion, Ord. of 6-20-2011, § 16-19 was included as § 16-18. 

• Sec. 16-19. - Definitions.

  (a)

  For the purpose of [this article], the following definitions shall apply unless the context clearly indicates or requires a different meaning. 

  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 designated dB(A). 

  Acoustic music. Music that is produced solely or primarily by instruments which produce sound through entirely acoustic means, as opposed to electric or electronic means. 

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

  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. 

  Event. A gathering of people for the purpose of recreation, entertainment, worship, fundraising, or cultural activity outdoors on a lot or other property, where amplified sound is emitted from the property. 

  Nighttime. As used in this article nighttime shall mean the time period between the hours of 10:00 p.m. and the following 7:00 a.m. 

  Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. 

  Outdoor amplified sound. Any sound using sound amplifying equipment where such equipment is located outside of a residential or commercial structure or within such structures where it is obvious that the sound emitted from the amplifying equipment is intended to be transmitted to the outside through open doors or windows or other openings in the structure. 

  Sound amplifying equipment. Any device for the amplification of the human voice, music, or any other sound, including televisions, electronic loud speakers, jukeboxes, stereos, compact disc players and radios. 

  Sound level meter. An instrument which includes a microphone, amplifier, IRS detector, integrator or time averages, output meter and weighting network used to measure sound pressure levels. 

  Unnecessary noise. Any excessive or unusually loud sound which disturbs the peace and quiet of any neighborhood or which does annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of ordinary sensibilities or causes damage to property. 

  (b)

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

  (Ord. No. 106, § 1, 11-19-2001; Ord. of 6-20-2011)

• Sec. 16-20. - Penalty.

  Any violation of this article shall subject the offender to a civil penalty in the amount of $250.00 for the first violation, and $500.00 for the second violation. Permits will be revoked for the third violation, and the offender will lose the privilege to apply for a permit until the calendar year following the violations.

  (Ord. No. 106, § 5, 11-19-2001; Ord. of 6-20-2011)

• Sec. 16-21. - Prohibited noises.

  (a)

  No person shall make, continue, or cause to be made or continuedthe emission of sound from any source or sources which, when measured pursuant to the procedure outlined by this article, exceeds 70 decibels. 

  (b)

  For the purposes of this article, an unreasonable loud, disturbing noise includes, but is not limited to: 

  (1)

  The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle, except as a danger signal, so as to create any unreasonable loud or harsh sound, or the sounding of such device for an unreasonable period of time, or the use of any gong or siren upon any vehicle, other than police, fire, or other emergency vehicle; 

  (2)

  The playing of any radio, phonograph, television, loudspeaker, amplifier, musical instrument or similar mechanical apparatus in such a manner or with such volume as to disturb the quiet, comfort or repose of any person in any dwelling, hotel or other type of residence, or any person attending or teaching in any school or worshiping in any church or treating or being treated in any nursing home or medical facility or any person in attendance at a funeral home; 

  (3)

  The playing of any vehicle-mounted equipment in such a manner that it may create a noise disturbance at a 50-foot distance from such device when operated on a public right-of-way, public space or on public waters; 

  (4)

  The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person in the vicinity; 

  (5)

  The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded or in such a manner as to create a loud grating, grinding, rattling or other noise; 

  (6)

  The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger; 

  (7)

  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom; 

  (8)

  Any noise between the hours of 10:00 p.m. and 7:00 a.m. the following day such that the sound creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work; 

  (9)

  The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday, except in the case of urgent necessity in the interest of public safety; 

  (10)

  The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while same is in session, or within 150 feet of any hospital, which unreasonably interferes with the working of such institution; provided that conspicuous signs are displayed in such street indicating that the same is a school, court, or hospital street; 

  (11)

  The creation of any excessive noise on Sundays on any street adjacent to any church; provided that conspicuous signs are displayed in such streets adjacent to churches indicating that the same is a church street; 

  (12)

  The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers; 

  (13)

  The sounding of any bell, gong, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, which disturbs the quiet or repose of persons in the vicinity thereof; 

  (14)

  The sounding and crying of peddlers, barkers, hawkers, and vendors which disturb the quiet and peace of the neighborhood; 

  (15)

  The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by the creation of noise, to any performance, show, sale or display of merchandise; 

  (16)

  The use of any loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes, except where specific permit is received from the sheriff and then only under the terms and conditions set forth in such permit; and 

  (17)

  The firing or discharging of a gun, squibs, fire crackers, gunpowder or other explosive or combustible substance in the streets or elsewhere for the purpose of making a noise or causing a disturbance. 

  (Ord. No. 106, § 2, 11-19-2001; Ord. of 6-20-2011)

• Sec. 16-22. - Exceptions.

  Exceptions to the prohibited noises listed in section 16-21 are as follows: 

  (1)

  Emergency warning devices or safety signals;

  (2)

  Lawn care equipment, agricultural equipment and power tools used during the daytime hours; 

  (3)

  Equipment being used for construction; provided that all equipment is operated with all standard equipment, manufacturer's mufflers and noise-reducing equipment in use in proper operating condition; 

  (4)

  Parades, fairs, circuses, festivals, other similar entertainment events, sanctioned sporting events, sporting activities taking place in areas set aside for such activities, or any activities normally associated with any of the activities previously mentioned in this subsection; 

  (5)

  Bells, chimes and similar devices, such as those on tower clocks or steeples, which operate during daytime hours for a duration of no longer than ten minutes in any given period; 

  (6)

  Emergency work;

  (7)

  Sixty-cycle electric transformers; or

  (8)

  All usual and ordinary noises associated with agricultural enterprises, including those made at night.  

  (Ord. No. 106, § 3, 11-19-2001; Ord. of 6-20-2011)

• Sec. 16-23. - Permits required; contents.

  The provisions of this article shall not apply for activities described in a permit issued by the sheriff; upon a written application which states at the minimum:

  (1)

  The date, time, place and type of activity; and

  (2)

  A statement that a notice of the intent to apply for the permit has been given to the adjacent landowners at least 24 hours prior to application.

   

  (Ord. No. 106, § 4, 11-19-2001; Ord. No. 112, § 4, 5-28-2002; Ord. of 6-20-2011)

• Sec. 16-24. - Noise measurement standards and determinations.

  (a)

  Sound level measurements shall be made with a sound level meter using the A-weighting scale set on low response. 

  (b)

  Sound level meters shall be at least Type II meeting the ANSI S1.4-1971 requirements and shall be operated according to the manufacturer's standards. Person(s) using the sound level meters shall be trained in sound level measurement and the operation of sound level measurement equipment. 

  (c)

  The measurement shall be from any point which is at least 25 lineal feet from the nearest point from which the sound originates, using approved sound measuring equipment. The measurement shall not be made on the private property where the noise is being produced. At the discretion of the enforcing officer, the sound measurement may be taken on the property of the person complaining about the noise. 

  (d)

  Sound measurements shall be conducted at the time when the suspect noise or sound is being emitted. 

  (Ord. of 6-20-2011)

• Sec. 16-25. - Enforcement.

  The county sheriff or designee shall have the authority to order those person(s) determined to be in violation of this article to cease producing the sound in excess of that authorized. Such order shall not affect other enforcement methods available for violation of this article.

  (Ord. of 6-20-2011)