Section
5-1 Excessive, Unnecessary, Loud Noises
Prohibited...............................................
Section
5-1.1 No Service or Consumption Outside
Enclosed Structure..................................
Section 5-1.2
Terminology.....................................................................................................
Section
5-1.3 Noises Expressly Prohibited............................................................................
Section 5-1.4
Owner and Occupant Responsibility.................................................................
Section 5-1.5
Exceptions.......................................................................................................
Section 5-1.6
Enforcement....................................................................................................
Section 5-1.7
Penalties and Remedies....................................................................................
Section
5-3 Discharge of Firearms and Air
Rifles...................................................................
Section
5-4 Operation of Public Enterprises
Without Franchise..............................................
Section
5-5 Begging Prohibited.............................................................................................
Section
5-6 Consumption of Beer and Wine on
Public Property Prohibited............................
Section
5-7 Display of Sexually Explicit
Materials..................................................................
Section
5-8 Penalties and Remedies......................................................................................
It shall be unlawful for any person to make, continue or cause to be
made or continued any excessive, unnecessary, unreasonable or unusually loud
noise or any noise which annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others reasonable persons of
normal sensitivity, or to interfere with normal human activity within the corporate
limits of the town. [Amended November 11, 2003]
It shall be unlawful for any restaurant or other establishment serving
food or beverages to provide for service of or consumption of food or
beverages on the premises of said business and outside a fully enclosed structure
later than between the hours of 10:00 o'clock p.m. and 7:00
a.m. EDST local time.
[Amended October 24, 1988][Amended November 11, 2003]
(A) Terminology. The following definitions apply to Section
5-1 and all subsections.
(1) Emergency work: Any work performed for
the purposes of preventing or alleviating physical trauma or property damage
threatened or caused by an existing or eminent peril.
(2) Outdoor amplified sound: Any sound using amplifying equipment whose sound
is outside or whose source is inside and the sound propagates to outside
through open doors or windows or other openings in the building.
(3) Sound amplifying equipment: Any device for the amplification of the human
voice, music, or any other sound, including jukeboxes, stereos, and radios.
[Amended November 11, 2003]
(A) The following acts, among
others, are declared to be loud, disturbing and unnecessary noises in violation
of this section, but such enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices, etc. 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 unreasonably loud or harsh sound, or the sounding of such
device for an unnecessary and unreasonable period of time, or the use of any
gong or siren upon any vehicle, other than police, fire or other emergency
vehicles or equipment.
(2) Radios, phonographs, etc. The using, operating or playing, or
permitting to be played, used or operated, of any television set, radio
receiving set, musical instrument, phonograph, musical instrument or sound
amplifying device or other machine or device for the producing or reproducing
of sound in such manner or with such volume as to annoy or disturb the peace,
quiet, comfort or repose of the neighboring inhabitants or of any person in any
dwelling, motel, hotel or other type of residence. The operation of any such machine or device,
particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place in such a manner
as to be plainly audible at a distance of fifty feet from the building,
structure, or vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(3) Loudspeakers, amplifiers, etc., used for
advertising. The using or operating,
or permitting to be played, used or operated, of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other machine
or device for the producing or reproducing of sound which is cast upon the
public streets for the purpose of commercial advertising or attracting the
attention of the public to any building or structure.
(4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 10:00 11:00
p.m. and 7:00 a.m., or at any time or any place in such manner as to annoy or
disturb the peace, quiet, comfort or repose of the neighboring inhabitants or
of any persons in any office, or in any dwelling, motel, hotel or other type of
residence, or of any persons in the vicinity.
(5) Animals, birds, etc. 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.
(6) Defect in vehicle or load. The use of any automobile, motorcycle or
vehicle so out of repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
(7) Loading, unloading, or opening boxes, etc. The creation of a loud and
excessive noise in connection with loading or unloading any vehicle or the
opening and destruction of bales, crates and containers.
(8) Noises near schools, courts, churches and hospitals. The creation of any excessive noise on any
street adjacent to any school, institution of learning, church, court, or
hospital while the same is in use, which unreasonably interferes with the
workings of such institution or which disturbs or unduly annoys patients in the
hospital; provided, that conspicuous signs are displayed in such streets indicating
that the same are schools, churches, courts or hospitals.
(9) Hawkers and peddlers. The shouting and crying of
peddlers, hawkers, and vendors which disturbs the peace and quiet of the
neighborhood.
(10) Noises to attract attention. 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, or sale.
(11) Raucous
parties. Any party or assembly of
persons in dwelling units or on residential premises producing loud and
raucous noise, particularly after 11:00 p.m., or
at any time or place in such a manner that tends to disturb the
comfort, quiet, or repose of persons in other dwelling units or on other
residential premises. The person in
possession of the premises where such a party or assembly of persons takes
place shall be deemed responsible for the emission of loud and raucous noises
under this subdivision.
(12) Construction
noise. Including but not limited to
hammering, power saws, heavy equipment, delivery trucks, other construction
vehicles or equipment associated with a construction site before 7:00 a.m. or
after 9:00 p.m.
(13) Motor
vehicles. A motor vehicle,
including a motorcycle, moped, snowmobile, all-terrain vehicle, or other
vehicle equipped with and propelled by an engine, whether operated on a public
street or on private property, shall at all times be equipped with a muffler in
good working condition and in constant operation to prevent excessive or
unusual noise or annoying smoke. A
person shall not remove, destroy, or damage any of the baffles contained in the
muffler, nor shall a person use a muffler cutout, bypass, or similar device
upon any such vehicle. Such vehicle
shall at all times be equipped with a properly operating exhaust system, which
shall include a tail pipe and a resonator on a vehicle where the original
design included a tail pipe and a resonator, consistent with G.S. 20-128.
[Amended November 11, 2003]
(A) Penalties for violations of
this section may be assessed against persons, jointly and severally,
responsible for the premises or devices producing or causing the noise
disturbance.
(B) An owner, or rental agent,
of any premises subject to this section who is not also an occupant of the
premises shall be responsible for any actions by tenants, guests, or other
licensees that constitute second or subsequent violations of this section;
provided, that no absentee owner or rental agent, shall be liable unless
notified of first or previous violations of the section, and further provided
that such first or previous violations shall have occurred within the previous 12-month
period. Notice of any first or previous
violations pursuant to this paragraph shall be sent by certified mail. No absentee owner, or rental agent, may be
subjected to criminal liability under this section, but shall be subject to
civil penalties and equitable relief.
This section shall in no way relieve any other person, jointly and
severally, from responsibility for violations of this section.
[Amended November 11, 2003]
(A) The following
are exempt from the provisions of this section:
(1) Sound emanating from regularly scheduled
outdoor athletic, musical, and cultural events, no later than 11:00 p.m., on
the campuses of local schools, Chetola Resort, Blowing Rock Country Club, and
other civic and public functions.
(2)
Construction operations and/or sanitation services from 7:00 a.m. to
9:00 p.m for which building permits have been issued
or construction operations not requiring permits due to ownership of the
project by an agency of the government; providing all equipment is operated in
accord with manufacturer’s mufflers and noise-reducing equipment is in use and
in proper operating condition.
(3) Noises of safety signals, warning devices, emergency
pressure relief valves, all church bells, and clock towers.
(4) Noises resulting from any authorized
emergency vehicle when responding to any emergency call or acting in time of
emergency.
(5) Unamplified and
amplified sound at street fairs and parades.
(6) All noises coming from normal operation of
motor vehicles properly equipped with the manufacturer’s standard mufflers and
in good working order.
(7) Noise from lawful fireworks and noisemakers
on holidays, special events, and at religious ceremonies.
(8) Lawn mowers, agricultural equipment, and
landscape maintenance equipment used between the hours of 7:00 a.m. and 9:00
p.m. when operated with all the manufacturer’s standard mufflers and
noise-relating equipment in use and proper operating condition.
(9) Musical accompaniment or firearm discharge
related to military ceremonies.
(10) Emergency work and
equipment necessary to restore and maintain property to a safe condition following a fire,
accident or natural disaster, or to restore public utilities, or to protect
persons or property form an imminent danger.
(11) Noises resulting from the provision of
government services.
[Amended November 11, 2003]
The chief of police
or his designee may adopt standards for sound level measurement and enforcement
consistent with this section.
Complainants may be required to provide a written record of the noise
disturbance(s) at issue, such as a log of basic details with time, date and
location of the disturbance(s).
Complainants and defendants may be permitted to present witnesses and
documentation such as photos and police records in support of their case.
[Amended November
11, 2003]
Section 5-1.7 Penalties and Remedies.
(A) A violation of any of the provisions of this
section shall subject the offender to a civil penalty of one hundred dollars
($100.00) for the first offense, two hundred and fifty dollars ($250.00) for
the second offense, and five hundred dollars ($500.00) for the third and
subsequent offenses. If a person fails
to pay this penalty within ten days after being cited for a violation, the town
may seek to recover the penalty by filing a civil action in the nature of debt.
(B) A violation of any of the provisions of this
section may constitute a misdemeanor, punishable as provided in G.S. 14-4.
(C) The town may seek to enforce this section
through any appropriate equitable action.
(D)
Each separate occurrence that a violation continues after the offender has
been issued a violation penalty within the same evening,
shall be considered a separate offense. Each day that a violation continues
after the offender has been notified of the violation shall also constitute a
separate offense. In these instances, the
civil penalty shall escalate to the next level, not to exceed $500.00.
(E)
After a period of 24 months lapses without a violation, any additional
violations of this section will subject the offender to the schedule of
penalties as described in (A) above.
(F)
The town may seek to enforce this section by using any one or a
combination of the foregoing remedies.
(G) Any appeal to this section shall be heard by
the Board of Commissioners.
[Amended November 11, 2003]
Section 5-2 Reserved.
(A) Subject to subsection (B),
no person may discharge any firearm within the town.
(B)
Subsection (A) shall not apply to private citizens acting in justifiable
self-defense or pursuant to the lawful directions of a police officer nor to
police officers acting in lawful performance of their duties.
(C) No person may discharge or
shoot within the town any air rifle, air pistol, B-B gun, pellet gun, pump gun
or similar weapon within 100 yards of any building or house or gathering of
people.
Except as otherwise provided by law, no person may operate within the
town any public enterprise, as defined in G.S. 160A-311, without first
obtaining a franchise from the town, nor may any person continue to operate
such public enterprise after the expiration of such franchise.
No person may within any public street or sidewalk or on other town property
engage in begging or canvassing the public for contributions for the private
benefit of the solicitor.
(A) Definitions. In addition to
the common meanings of words, the following definitions shall be applicable
herein:
(1) “Malt beverage” shall mean beer, lager,
malt liquor, ale, porter, and any other brewed or fermented beverage containing
at least one-half of one percent (0.5%), and not more than six percent (6%)
alcohol by volume. [G.S. 18B-101(9)]
(2) “Open container” shall mean a container
whose seal has been broken or a container other than the manufacturer’s
unopened original container. [G.S.
18B-300(c)]
(3) “
(4) “Unfortified wine” shall mean wine that
has an alcoholic content produced only by natural fermentation or by the
addition of pure cane, beet, or dextrose sugar, and that has an alcoholic
content of not more than seventeen percent (17%) alcohol by volume. [G.S. 18B-101(15)]
(B) Consumption on the Public Streets and on Municipal Property Prohibited. It shall be unlawful for any person who is
not an occupant of a motor vehicle to consume malt beverages and/or unfortified
wine on the public streets. Furthermore,
it shall be unlawful for any person to consume malt beverages and/or
unfortified wine on any property, whether located inside or outside the
corporate limits, owned, occupied, or controlled by the Town, including, but
not limited to, public buildings and the grounds appurtenant thereto, municipal
parking lots, public parks, playgrounds, recreational areas, tennis courts,
basketball courts, and other athletic fields.
(C) Possession of Open Containers on the Public Streets and on Municipal
Property Prohibited. It shall be
unlawful for any person who is not an occupant of a motor vehicle to possess
any open container of malt beverage and/or unfortified wine on the public
streets. Furthermore, it shall be
unlawful for any person to possess any open container of malt beverage and/or
unfortified wine on any property, whether located inside or outside the
corporate limits, owned, occupied, or controlled by the Town, including, but
not limited to, public buildings and the grounds appurtenant thereto, municipal
parking lots, public parks, playgrounds, recreational areas, tennis courts,
basketball courts, and other athletic fields.
(D) Possession During Special Events Prohibited. It shall be unlawful for any person to
possess malt beverages and/or unfortified wine on public streets, alleys, or
parking lots which are temporarily closed to regular traffic for special
events. [Amended November 14, 1995]
(A) The words and phrases
defined below shall have the meaning indicated when used in this section.
(1) Display.
To put or spread before the view of those passing within sight distance
of the matter displayed, in an ostentatious manner designed to attract
attention to or show off the matter displayed.
Magazines that meet the definition of sexually explicit materials shall
be considered displayed if they are placed in a location (e.g., a magazine
rack or shelf) accessible to minors and arranged in a manner calculated to
encourage minors to view or read such materials. Sexually explicit materials located within
any business or commercial establishment shall not be considered displayed if
they are placed in a location that is only accessible to adults or if they are
located such that they are only available to customers upon request made to a
person in charge of or employed by such business or commercial establishment.
(2) Harmful to minors. That quality of any description or
representation, in whatever form of nudity, sexual conduct, sexual excitement,
or sadomasochistic abuse, when it:
(a) Predominantly
appeals to the prurient, shameful, or morbid interest of minors; and
(b) Is patently offensive to prevailing standards
in the adult community as a whole with respect to what is suitable material for
minors; and
(c)
Taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
(3) Knowing. Having general knowledge of, or reason to
know or a belief or ground for belief that warrants further inspection or
inquiry of, the character and content of any of the materials described in
subsection (B) that are reasonably susceptible of examination by the person
charged with such knowledge.
(4) Minor.
Any person under the age of eighteen.
(5) Nudity.
The showing of the human male or female genitals, pubic area or buttocks
with less than a full opaque covering, or the showing of the female breast with
less than a full opaque covering of any portion thereof below the top of the
nipple, or the depiction of covered male genitals in a discernibly turgid
state.
(6) Sadomasochistic abuse. Flagellation or torture by or upon a person
clad in undergarments, a mask or a bizarre costume, or the condition of being
fettered, bound or otherwise physically restrained on the part of one so
clothed.
(7) Sexual conduct. Acts of masturbation, homosexuality, sexual
intercourse, or physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks or if such person be a female, breast.
(8) Sexual excitement. The condition of human male
or female genitals when in a state of sexual stimulation or arousal.
(9) Sexually explicit materials. Materials consisting of:
(a)
Any picture, photograph, drawing, sculpture, motion picture film, or
similar visual representation or image of a person or portion of the human
body which depicts nudity, sexual conduct, or sadomasochistic abuse and which
is harmful to minors; or
(b)
Any book, pamphlet, magazine, printed matter however reproduced, or
sound recording which contains any matter enumerated in subdivision (a) or
explicit and detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sadomasochistic abuse and which, taken as a
whole, is harmful to minors.
(B) Subject to subsection (C),
no person, knowing the character of the materials involved, may display or
cause or permit the display of any sexually explicit materials in or on any
window, showcase, newsstand, display rack, billboard, display board, viewing
screen, motion picture screen, marquee or similar place in such manner that the
display is visible from any public street, highway, sidewalk, or other public
right-of-way or in any business or commercial establishment where minors as a
part of the general public or otherwise, are or will probably be exposed to
view all or any part of such materials.
(C) Nothing in this section
shall apply to any recognized historical society or museum accorded charitable
status by the Federal Government or any library operated by any unit of state
or local government.
(A) A violation of any of the
provisions of this chapter shall constitute a misdemeanor, punishable as
provided in G.S. 14-4.
(B) A violation of any of the
provisions of this chapter shall also subject the offender to a civil penalty
of one hundred dollars ($100.00). If a
person fails to pay this penalty within ten days after being cited for a
violation, the town may seek to recover the penalty by filing a civil action in
the nature of debt. [Amended July 13,
1993]
(C) The town may seek to enforce
this chapter through any appropriate equitable action.
(D) Each day that a violation
continues after the offender has been notified of the violation shall
constitute separate offense.
(E) The town may seek to enforce
this chapter by using any one or a combination of the foregoing remedies.