I have received recently some questions regarding the city ordinances governing noise. I have included the ordinances that would apply in most cases in residential settings. Please let me know if you have any questions………..
City of Charlotte Noise Ordinance
(effective June 15, 2011)
Sec. 15-61. - Loud, disturbing noises prohibited generally.
It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the city.
Sec. 15-62. - Measurement.
For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute.
Sec. 15-64. - Amplified sound.
(a) It shall be unlawful to:
(1) Operate or allow the operation of any sound amplification equipment so as to create sounds registering 55 db(A) between 8:00 a.m. and 9:00 p.m. Sunday through Thursday or between 8:00 a.m. and 11:00 p.m. on Friday or Saturday or 50 db(A) at any other time, as measured anywhere within the boundary line of the nearest residentially occupied property.
(2) As to multifamily structures including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create sounds registering 55 db(A) between 8:00 a.m. and 9:00 p.m. Sunday through Thursday or between 8:00 a.m. and 11:00 p.m. on Friday or Saturday or 50 db(A) at any other time, as measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property. 3
(3) Operate or allow the operation of any sound amplification equipment in the public right-of-way, including streets or sidewalks, or in the public City controlled parks: (i) without having actual on-site possession of a permit issued by the Charlotte-Mecklenburg Police Department; (ii) so as to produce sounds registering more than 75 db(A) ten feet or more from any electromechanical speaker between the hours of 8:00 a.m. and 9:00 p.m. Sunday through Thursday or between 8:00 a.m. and 11:00 p.m. on Friday or Saturday; or (iii) at times other than those specified in (ii). Sound amplification equipment operated pursuant to this subsection may not be located more than ten feet off the ground. In addition to the person operating or allowing the operation of sound amplification equipment in violation of this subsection, the person to whom the permit was issued must be present at the location and during the times permitted and shall be liable for any and all violations.
An application for a permit pursuant to this subsection shall: (i) be submitted to the Charlotte-Mecklenburg Police Department at least one full business day but no more than seven calendar days before the permit time requested; and (ii) specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the same time or in or within 100 feet of the area permitted for a public assembly pursuant to Article XI of this Chapter unless issued to the holder of the public assembly permit.
The use of mobile sound amplification equipment (e.g., a car radio, unless the vehicle is parked) shall be exempt from the permitting requirement of this subsection and the prohibition of (iii) in the first paragraph of this subpart, however sounds produced during the times otherwise prohibited in (iii) in the first paragraph of this subpart may not register more than 60 db(A) ten feet or more from the equipment. Sound amplification produced in conjunction with a public assembly permit shall be exempt from this entire subsection.
(b) The limitations on the operation of sound amplification equipment in subsection (a) of this section shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used in emergency circumstances, or to the operation of sound amplification equipment regulated pursuant to Sec. 15-65.1 or in accordance with a permit issued pursuant to Sec. 15-65 or Sec. 15-65.2. 4
Sec. 15-65. - Permits for additional amplification.
(a) Application. An application for a permit for additional amplification on private property under this section shall be submitted to the Charlotte-Mecklenburg Police Department at least 10 business days in advance of the planned use. The application shall designate and provide contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under Sec. 15-64(a)(3) and Sec. 15-65.1 shall not be eligible for an additional amplification permit under this section.
(b) Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for giving written notice of the name, nature, date, and time period of the event, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice shall be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the Charlotte-Mecklenburg Police Department that such notices have actually been so delivered.
(c) Limits on hours. Permits for additional amplification at a property, or adjacent properties under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday.
(d) Sound limits. In no event shall a permit be granted which allows the creation of sounds registering more than 70 db(A) anywhere within the boundary line of the nearest residentially occupied property.
(e) Denial; issuance of exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the city manager or his designee. The city manager or his designee shall have the discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to the city council.
(f) It shall be unlawful to violate the restrictions or requirements of this section or the terms of a permit issued pursuant to this section. 5
Sec. 15-66. - Animals.
It shall be unlawful for any person to own, keep or have in his possession, or harbor, any dog, other animal or bird which, by frequent or habitually howling, yelping, barking or otherwise, causes loud noises and produces seriously annoying disturbance to any person or to the neighborhood.
Sec. 15-67. - Motor vehicles.
It shall be unlawful to operate or allow the operation of any motor vehicle in the city:
(1) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises.
(2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises.
(3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises.
Sec. 15-68. - Enforcement and penalties.
Where there is a violation of any section of this article, the city, at its discretion, may take one or more of the following enforcement actions:
(1) The violator may be assessed a $100.00 civil penalty. For purposes of this subsection, a violation committed after a civil penalty has been assessed shall constitute a separate violation
(2) The violator may be charged with a misdemeanor and be subject to any penalty prescribed by section 2-21. 9
(3) A civil action seeking an injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.
(4) A police officer may issue a notice of violation, as provided in section 2-24 of this Code, subjecting the violator of section 15-63(a)(1) to a civil penalty of $200.00. For the purposes of this subsection, the term "violator" means either the operator of the front-end loader; the employer of the operator; or the company, partnership, corporation or other person or entity which owns, possesses or controls the front-end loader utilized by the operator.
(5) The violator may be assessed a $1,000.00 civil penalty for any violation of Sec. 15-61 or Sec. 15-65.1 that occurs within one year after the commercial establishment has been determined to be “Non-Cooperative” pursuant to Sec. 15-65.3(e). After two such violations, the prohibition on sound amplification and live acoustic music established in Sec. 15-65.1(c) shall apply.”
OFFICER S.W. POWERS #2695
RESPONSE AREA 2 COMMUNITY COORDINATOR
NORTH DIVISION
CHARLOTTE-MECKLENBURG POLICE DEPARTMENT
704-432-3801
spowers@cmpd.org