Sec. 22-71. Noise disturbances.

(a) Subject to the provisions of this section, the creation of any noise disturbance is prohibited.
(b) The words and phrases defined in this subsection shall have the meaning indicated when used in this section
unless otherwise specifically provided, or unless otherwise clearly required by the context:
Amplified sound. Any sound or noise, including the human voice, that is increased in volume or intensity by
means of electrical power.
Noise. Any sound or combination of sounds which, because of volume or quality, tends to disturb reasonable
persons of normal sensitivity or to interfere with normal human activity.
Noise disturbance. Any sound or combination of sounds which, because of its volume or quality or time of day,
tends to annoy, disturb, frighten, or otherwise cause an adverse psychological or physiological effect upon
reasonable persons of normal sensitivity, or unreasonable prevents such persons from being able to enjoy their
activities of daily living. Factors to consider in determining whether a noise disturbance exists include, but are not
limited to, the following:
• The volume of the noise;
• The intensity of the noise;
• The volume and intensity of the background noise, if any;
• The proximity of the noise to residential sleeping facilities;
• The nature and zoning of the area from which the noise emanates;
• The time of the day or night that the noise occurs;
• Whether the noise is recurrent, impulsive, intermittent or constant.
Plainly audible. Any sound or component of sound for which any of the content of that sound is
unambiguous, verifiable, and discernable above ambient levels by a person using his or her unaided hearing
faculties, including, but not limited to, comprehensible musical rhythms, understandable speech or rhythmic bass.
Sound. Any disturbance of the air or other medium that is detectable by the unaided human ear or which
produces vibrations detectable by persons of normal sensitivity.
(c) The following acts or activities, among others, are hereby declared to be noise disturbances in violation of
this section; but this enumeration shall not be deemed to be exclusive:
(1) Blowing horns. The sounding of any horn or other device on any automobile, motorcycle, bus or other
vehicle of any kind, except as a danger signal, so as to create any unreasonably loud or harsh sound, or
the sounding of such device for an unreasonable period of time.
(2) Amplified sound. The playing of any radio, phonograph, boom box, drums, guitars and any other
musical instruments or devices through which sound can be amplified, or any other amplified sound
whatsoever, in such manner or with such volume, between 10:00 p.m. and 7:30 a.m., which is plainly
audible off of the premises from which it is emanating.
(3) Use of any gong or siren. The use of any gong or siren upon any vehicle, other than police, fire or other
emergency vehicle.
(4) Amplified music advertisements. Commercial establishments shall not amplify or allow music
advertisements or notices to be amplified in such a manner that such sounds can be heard beyond the
property boundaries owned or leased by the commercial establishments.

Created: 2023-10-06 14:27:30 [EST]

(Supp. No. 27)

Page 1 of 3
 (5) Hours for construction activity. No construction activity shall take place before the hours of 8:00 a.m.
and after the hours of 8:00 p.m. Construction activity shall include, but is not limited to, the following
activities; hammering, nail guns, sawing, sanding, pressure-washing, generators and air compressors
for construction use, dump trucks and earth moving equipment, and any other noise-producing
construction-related activity that is determined to be a nuisance.
a. Exception #1. After declared natural disasters such as hurricanes, floods, fires, etc., the necessity
to make repairs is of great need to all residents. There will be a stated time period for these
repairs to be made in which the above requirement shall not apply.
b. Exception #2. Work performed by the town, state or federal government, utility companies and
designated independent contractors necessary to make repairs to vital infrastructure facilities
(such as water, sewer, streets, power and etc.) shall not be subject to the above requirement.
Work performed by the town, state, federal government or designated independent contractor
to beach restoration, dune restoration, dredging or any similar activity approved by town hall
shall not be subject to the above requirement.
c. Exception # 3. Town officials may grant specific permission and waive restriction for hours of
construction activity to allow private contractors to perform emergency repairs or take mitigating
action to secure property from additional damage.
(6) Loud vehicles.
a. The operation of a car, truck, motorcycle or other motor vehicle that creates mechanical or
exhaust noise that is plainly audible at a distance of 200 feet or more from the vehicle;
b. The operation of any car, truck, motorcycle or other motor vehicle not equipped with a properly
operating muffler or other sound muffling device in good working order so as to prevent
unreasonably loud or disturbing sound levels; or
c. The operation of sound amplifying equipment in a car, truck, motorcycle or other motor vehicle
at a volume which is plainly audible at a distance of 50 feet from the vehicle.
(7) Domesticated or caged animals. Domesticated or caged animals that without provocation vocalize a
sound that is plainly audible across a residential property line or through a wall or partition common to
two dwelling units within a building between the hours of 11:00 p.m. and 7:00 am. Prima facie
evidence of a violation of this section shall include, but not be limited to:
a. Vocalizing (howling, yelping, barking, squawking etc.) for five minutes without interruption,
defined as an average of four or more vocalizations per minute during that period; or
b. Vocalizing for ten minutes intermittently, defined as an average of two vocalizations or more per
minute during that period.
(d) Commercial entertainment. Without limiting any other provision of this section, no commercial
establishment shall play, operate or cause to be played or operated, any amplified or non-amplified musical
instrument or sound reproduction device in a manner that causes a noise disturbance on any neighboring
premises or public area. For the purposes of this subsection, a noise disturbance shall exist where the sound
or noise caused by any activity described herein is plainly audible within any occupied structure not the
source of the sound or noise or within any public area more than 100 feet from the property line of the
commercial establishment during the days and times set forth below:
(1) For structures located in residential zoning districts, this shall be in effect at all times.
(2) For structures and public areas located in non-residential zoning districts, this shall be in effect from
11:00 p.m. until 9:00 a.m. on Monday thru Friday and from 12:00 a.m. until 9:00 a.m. on Saturdays and
Sunday.

Created: 2023-10-06 14:27:30 [EST]

(Supp. No. 27)

Page 2 of 3
(e) Penalty. Violation of this section, other than subsection 22-71(c)(2), shall subject the offender to a civil
penalty of $100.00 to be paid into the office of the town clerk within 72 hours following the receipt of the
citation. A subsequent violation of this section by an offender within five days from a prior violation of this
section shall subject the offender to a civil penalty of $200.00. Violation of subsection 22-71(c)(2) shall
subject the offender to a civil penalty of $250.00 to be paid into the office of the town clerk within 72 hours
following the receipt of the citation. A subsequent violation of subsection 22-71(c)(2) by an offender within
30 days from a prior violation of this section shall subject the offender to a civil penalty of $500.00. If any civil
penalty is not paid within 72 hours of receipt of citation, it may be recovered by the town in a civil action in
the nature of debt in accordance with G.S. 160A-175. In addition, if the civil penalty is not paid within 72
hours, the offender may be charged with a misdemeanor punishable upon conviction in accordance with G.S.
14-4. In the event of repeated violations by the same offender, this section may be enforced by an
appropriate equitable remedy issuing from a court of competent jurisdiction.
(f) [Assessment of penalties.] Penalties for violation of this section may be assessed against persons responsible
for either the premises or the sound source. All persons responsible for either the premises or sound source
who are present at the time of the violation may be charged on the same citation and are jointly and
severally liable for any such violation.
An absentee owner shall be responsible for any actions by tenants, guests or other licensees that constitute
third or subsequent offenses at said premises, provided, however, that the owner has been notified of the
previous violations of this section by certified or registered mail.
( Res. No. 2020-20, 12-8-2020 )

Res. No. 2020-20, adopted December 8, 2020, amended § 22-71 in its entirety to read as herein set out. Former §
22-71 pertained to unnecessary noises, and derived from the 1983 Code; ordinances adopted March 13,
2001; Res. No. 2011-03, adopted January 11, 2011; Res. No. 2014-04, adopted March 11, 2014; and Res. No.
2020-5, adopted June 23, 2020 .

Created: 2023-10-06 14:27:30 [EST]

(Supp. No. 27)

Page 3 of 3