NOISE ORDINANCE AMENDMENTS FOR CONSTRUCTION RELATED ACTIVITIES, PARTIES, AND GARBAGE/RECYCLABLES DISPOSAL
WHEREAS, excessive and unnecessary noise creates a significant threat to the public health, safety and welfare; and
WHEREAS, construction noise within the appropriate timeframes has generally been exempted from the noise ordinance restrictions; and
WHEREAS, it is the intent of this ordinance to create a balance between the right of individuals to carry out construction-related activity, and the right of the neighboring public to a peaceful and healthful environment; and
WHEREAS, noise from raucous parties and noise disposal of garbage and recyclables should be appropriately regulated and provided proper times in which to conduct such activity; and
NOW, THEREFORE, BE IT ORDAINED by the Board of
Commissioners of the Town of Blowing Rock,
Section 1. Section 5-1.5 of the Town Code is hereby amended to read as follows:
(A) The following are
exempt from the provisions of this section:
(1) Construction
operations and/or sanitation services from 7:00 a.m. to 9:00 p.m Mondays
through Saturdays, and from 1:00 p.m.to 9:00 p.m. on Sundays and holidays
observed by Town government, 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.”
Section
2. Section 5-1.3 (A)(7) of the Town Code
is hereby amended to read as follows:
“(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, or the disposal/collection of garbage or recyclables
between the hours of 11:00 p.m. and 7:00 a.m.”
Section 3. Section 5-1.3 (A)(11) of the Town Code is hereby amended to read as follows:
“(11) Raucous parties. Any party or assembly of persons in dwelling
units or on residential premises producing loud and raucous noise, particularly after between
11:00 p.m. and 7:00 a.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.”
Section 4. Severability; Conflict of Laws. If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given separate effect and to that end, the provisions of this ordinance are declared to be severable. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
Section 5. Effective Date. This ordinance shall be effective upon adoption.
Adopted this the _____ day of _______________, 2008.
_________________________
J.B. Lawrence, Mayor
ATTEST: __________________________
Sharon H. Greene, Town Clerk