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1997-06-16 Person County Noise Ordinance 1 PERSON COUNTY NOISE ORDINANCE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA: 1. The title of this Ordinance shall be the “Person County Noise Ordinance.” 2. It shall be unlawful for any person, or group of persons, regardless of number, to willfully make, continue, or cause to be made or continue, or assist in making or continuing, any loud, raucous and disturbing noise. For the purposes of this ordinance, such noise shall mean any sound which, because of its volume level, duration, and character, (i) annoys, disturbs, inures, or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within Person County, or (ii) interferes seriously with neighboring residents’ reasonable use and enjoyments of their properties. 2. The following shall be exempt from the provisions of this ordinance: a. Sound emanating from regularly scheduled athletic events of any Person County Schools or Person County Parks and Recreation Department facility, or of the Rock Sportsplex. b. Noises coming from construction or bona fide agricultural operations from 6:30 a.m. to 9:30 p.m. Monday through Saturday, and from 8:00 a.m. to 6:00 p.m. on Sunday; provide all equipment is operated in accordance with any applicable manufacturer specifications and with all standard equipment manufacturer’s mufflers and/or noise-reducing equipment in use and in properly operating condition. c. Noises from safety signals, warning devices, emergency signaling devices, and of any authorized emergency vehicle when responding to any emergency call or acting in time of emergency. d. All noises coming from the normal operations of properly equipped aircraft. e. Sounds from or at parades, or street fairs and similar festivals sponsored, permitted or sanctioned by either Person County or the City of Roxboro. f. Lawnmowers, or landscaping, grading or clearing operations from 6:30 a.m. to 9:30 p.m. Monday through Saturday, and from 8:00 a.m. to 6:00 p.m. on Sunday; provided all equipment is operated in accordance with any applicable manufacturer’s specifications and 2 with all standard equipment manufacturers’ mufflers and/or noise- reducing equipment in use and in properly operating condition. g. Noise from all church bells or calls to worship of any place of worship. h. Noise from all governmental operations. i. Noise from any sanitation operations. j. Noise from all lawful fireworks or noisemakers on holidays. k. Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore public utilities, or to protect persons or property from an imminent danger. l. All noises coming from normal operation of motor vehicles properly equipped with the manufacturer’s standard muffler and noise- reducing equipment. m. Normal sounds associated with or customary to industrial or manufacturing operations in the normal course of business. 1. (a) Any person who violates this ordinance shall receive an oral or written order from any law enforcement officer, or from any county officer or employee designated by the County Manager to administer and/or enforce this ordinance, to cease or abate the noise immediately; provided, however, that an oral order to cease or abate shall not be necessary with respect to (i) any violation occurring after 9:30 p.m. on Monday through Saturday, or after 6:00 p.m. on Sunday, and before 6:30 a.m. Monday through Saturday, or before 8:00 a.m. on Sunday, or (ii) any second violation by the same person or persons occurring within sixty (60) days, and in such cases the person or persons responsible shall be guilty of a Class 3 misdemeanor and may be charged criminally with a misdemeanor violation of this ordinance, punishable by fine or imprisonment to the maximum allowed by general law, and criminal process may be issued, all without an oral order to cease or abate. (b) If an oral order to cease and abate is not complied with promptly, the person or persons responsible shall be guilty of a Class 3 misdemeanor and may be charged criminally with a misdemeanor violation of this ordinance, punishable by fine or imprisonment to the maximum allowed by general law and criminal process may be issued. 3 (c) In lieu of criminal prosecution, the County Manager or any county officer or employee designated by the County Manager to administer and/or enforce this ordinance may enforce this ordinance by levying a civil fine and order of abatement in the amount of $50.00 per offense, each separate day that a violation continues to be a separate and distinct offense. Any civil penalty levied hereunder and not paid within fifteen (15) days may be enforced and collected by an action at law. (d) In addition to or in lieu of remedies for enforcement authorized above, violations of this ordinance may be enjoined and/or abated through equitable remedies issued by any court of competent jurisdiction. 5. This ordinance shall be effective upon its adoption. ADOPTED THIS THE 16TH DAY OF JUNE 1997.