The information below was copied from the Durham
City Code of Ordinances - Sec. 11-1. Noise.
This information is for reference only. It's
presence here on this website does not imply that the Marbrey Landing Homeowners
Association has the authority to enforce it. The City of Durham is the authority
having jurisdiction to enforce The City Noise Ordinance. It has been suggested
that homeowners contact the local police department if necessary.
For details about Prohibited Activities as defined in the
Restrictive Covenants, refer to
Book
2234, Page 516, Section 4.
Note - State law references: Authority to regulate noise, G.S.
160A-184.
(a) Unreasonably loud and disturbing noises prohibited: Subject to the
provisions of this section, it shall be unlawful for any person or persons to
make, permit, continue, or cause to be made or to create any unreasonably loud
and disturbing noise in the city. For purposes of this section, the following
definitions shall apply:
(1) Unreasonably loud: Noise which is substantially incompatible
with the time and location where created to the extent that it creates an actual
or imminent interference with peace or good order.
(2) Disturbing: Noise which is perceived by a person of ordinary
sensibilities as interrupting the normal peace and calm of the area. In
determining whether a noise is unreasonably loud and disturbing, the following
factors incident to such noise are to be considered: Time of day; proximity to
residential structures; whether the noise is recurrent, intermittent, or
constant; the volume and intensity; whether the noise has been enhanced in
volume or range by any type of electronic or mechanical means; the character and
zoning (if applicable) of the area; whether the noise is related to the normal
operation of a business or other labor activity and whether the noise is subject
to being controlled without unreasonable effort or expense to the creator
thereof.
(b) Particular noises prohibited: The following acts, among
others, are declared to be unreasonably loud and disturbing noises in violation
of this section but the enumeration shall not be deemed to be exclusive, namely.
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus
or other vehicle while not in motion, except as a danger signal if another
vehicle is approaching apparently out of control, or if in motion only as a
danger signal; the creation by means of any such signal device of any
unreasonably loud or harsh sound, and the sounding of such device for an
unnecessary and unreasonable period of time.
(2) The playing of any radio, phonograph or any musical instrument in such a
manner or with such volume, particularly during the hours between 11:00 p.m. and
7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any
dwelling, hotel or other type of residence.
(3) 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.
(4) The use of any automobile, motorcycle or other vehicle so out of repair, so
loaded or in such manner as to create loud or unnecessary grating, grinding,
rattling or other noise.
(5) 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.
(6) The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine or motor vehicle, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
(7) The use of any mechanical device operated by compressed air unless the noise
created thereby is effectively muffled and reduced.
(8) The erection (including excavation), demolition, alteration or repair, or
cleaning the outside of, any building in a residential or business district
other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, except in
cases of urgent necessity in the interest of public safety or convenience;
provided, however, in cases in which the work is required by an emergency, or by
the nature of the particular project or specified portion thereof it is
necessary to have a continuous operation without break, or where the specified
work cannot be performed while the plant or enterprise is in operation, the city
manager may issue a permit for such work to be carried on between hours and on
days in addition to the hours and days herein mentioned. The term "weekdays",
when used in this paragraph, means any day except Sunday.
(9) The creation of any excessive noise on any street adjacent to any school,
institution of learning, library, sanitarium or court while the same is in
session, or adjacent to any hospital, or any church during services, which
unreasonably interferes with the working of such institution.
(10) The creation of loud and excessive noise in connection with loading or
unloading any vehicle or the opening and destruction of bales, boxes, crates and
containers.
(11) The sounding of any bell or gong attached to any building or premises which
disturbs the quiet or repose of persons in the vicinity thereof.
(12) The shouting and crying of peddlers, hawkers and vendors
which disturbs the quiet and peace of the neighborhood.
(13) The use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention by creation of noise to any performance, show,
sale, display or advertisement of merchandise.
(c) Small motors. The running of a motor not exceeding one horsepower on a
refrigeration truck for the purpose of keeping perishable fruits, vegetables and
all other perishable meats and foods contained in such a truck from spoiling,
shall not constitute an unnecessary noise or disturbance within the meaning of
this section.
(d) Particular standards established:
(1) In addition to the violations established by subsections (a) and (b) above,
no person shall cause, produce, or allow any mechanically or electronically
produced or amplified sound that: (i) exceeds the levels set out in this
subsection (d) below as such sound is measured at any point beyond the boundary
of the property from which the sound emanates, and (ii) is not authorized by a
permit issued pursuant to the Durham City Code or state or federal authority; or
otherwise exempted from regulation by the exceptions established by subsection
(e) below;
(2) No nighttime (11:00 p.m.--8:00 a.m.) sound level shall exceed fifty (50)
dB(A); and
(3) No daytime or evening (after 8:00 a.m.--before 11:00 p.m.) sound level shall
exceed sixty (60) dB(A).
(4) "Decibel" (dB) as used in this subsection (d) shall mean a unit for
describing the amplitude of sound, equal to twenty (20) times the logarithm to
the base 10 of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty (20) micronewtons per square meter. The sound level
shall be measured by the use of a sound level meter and frequency weighting
network "A" as specified in the latest approved American National Standards
Institute specifications for sound level meters.
(e) Exceptions. The following sounds shall be exempt from the provisions of this
section 11-1 "Noise--Generally":
(1) Sounds of safety signals, warning devices, and emergency pressure relief
valves;
(2) Sounds resulting from any authorized emergency vehicle when responding to
any emergency call or acting in time of emergency;
(3) Any sound resulting from activities of a temporary duration permitted by law
and for which a license or permit has been granted by the city or a state or
federal agency when such sounds do not exceed the conditions and limits stated
in the license or permit;
(4) Sounds emanating from the normal operations of properly equipped aircraft
(not including model aircraft);
(5) Sounds emanating from a (i) motor vehicle, or (ii) lawn mower or
agricultural equipment operated between the hours of 7:00 a.m. and 9:00 p.m.
when the vehicle or equipment is properly equipped with the manufacturer's or
other authorized standard muffler(s) and sound reduction equipment and in use
under proper operating conditions; and
(6) Musical chimes emanating from a public or religious institution or facility,
provided that the sound is less than fifteen (15) minutes in duration and occurs
not more than three (3) times per day.
(Code 1964, § 13-17; Ord. No. 6445, §§ 1, 2, 7-23-84; Ord. No.
6884, § 1, 2-17-86; Ord. No. 11687, § 1, 5-17-99)
Cross references: See also Ch. 24, zoning; as to exclusion of outdoor music
festivals from prohibitions of this section and § 11-2, see § 13-14.
State law references: Authority to regulate noise, G.S. 160A-184.
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