AGENDA #7

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Report on Proposed Revisions to the Noise Ordinance

 

DATE:             September 24, 2001

 

This report discusses proposed changes to the Noise Ordinance for the Town of Chapel Hill.  Following Council review and comment, the revised ordinance would be considered for adoption at the Council’s regular business meeting on October 10.

 

SUMMARY OF PROPOSED ORDINANCE

 

The proposed ordinance, which if adopted would amend Chapter 11, Article III of the Code of Ordinances, would expand the scope of regulation over the types and levels of noises most often experienced in the Town.  The principal differences between the current ordinance and the one proposed herein are as follows: 

 

·        The standards against which sound levels are measured are expanded to include not only the A-frequency weighted sound level (dBA), but also the pitch or frequency content of the noise.
 

 

 

 

 

 

·        Exemptions for government services are limited.

 

BACKGROUND

 

The Council established a Noise Ordinance Study Committee in May of 1997.  The Committee was charged with investigating various types of noises and evaluating methods of reducing the levels of noises that were determined to be particularly disturbing.

In September 1999, the Council authorized the Manager to contract with Environmental Noise Consultants, Inc. (ENC) of Raleigh to conduct a comprehensive review of the Town’s noise ordinance, recommend changes and prepare a draft of a new ordinance for future consideration.

 

Between 1999 and April of 2001, the consultants conducted site visits, measured over 500 sound samples, met regularly with representatives of various citizen groups, including students, merchants and the Noise Ordinance Study Committee, and conducted meetings with representatives of the Town’s Police, Public Works and Inspections Departments.

 

At a public hearing held on April 18, 2001, the consultants presented a draft of a noise ordinance that they believed would effectively mitigate many of the prevailing noise issues in the Town.  During the public hearing over fifteen citizens spoke in support or opposition to various components of the proposed ordinance.  Six other citizens submitted written comments.  These comments, together with comments from the Council, were referred to the Manager for consideration in the preparation of a new noise ordinance.

 

DISCUSSION

 

The current noise ordinance was last amended in 1991 when a nuisance section was added.  The principal application of the ordinance has been to regulate the levels of noise coming from amplified sound systems.  Only within the last few years have there been significant issues raised about the regulation of noise coming from others sources, particularly mechanical systems.  The standards for measurement in the noise ordinance, and the instrument used by the Town to measure sound levels, are not adequate to effectively measure and regulate these and many other types of sound in the community.

 

The evaluation of community noise issues throughout the past four years has been comprehensive.  Noise ordinances from other communities across the nation have been examined.  Citizens from all areas of the community, including the University and UNC Hospitals communities, have been involved in discussions about noise issues and possible remedies to noises that have proven particularly disturbing.  The consultants, who have experience in developing ordinances in other North Carolina communities, have applied their expertise together with citizen input toward the development of a new ordinance that we believe will be a practical and effective tool in regulating noise in Chapel Hill.

 

On April 18 an initial draft of a new noise ordinance was presented at a public hearing.  During and subsequent to the hearing several issues related to the draft ordinance or to the regulation of noise in general were raised by citizens.  These issues could be classified into six general categories:

 

A review of each of these follows.  Additional details are included in the attached staff reports.

 

KEY ISSUES

 

Allowable sound and decibel levels

 

Decibel limits in the current ordinance are the same for all areas of the Town, regardless of a particular property’s primary use.  The sound limit for daytime noises is 60 decibels (dBA).  Nighttime sounds are limited to 50 decibels (dBA).  However, sounds that exhibit strong tonal components (the types of sounds that are often most annoying) cannot be effectively evaluated using the standards established in the current ordinance.

 

Support for reducing allowable nighttime sound levels has been voiced by several citizens during the ordinance review process.  Likewise, there have been concerns voiced by others, particularly University student representatives, who believe that lowering the nighttime level below its current level of 50 decibels would negatively impact many social activities that they believe are an important part of a university community.  University development officials have also expressed concern that lower levels would be impractical to meet.  However, measurements made in Town by the consultants indicate that most Town locations already meet the proposed levels.

 

The consultants from Environmental Noise Consultants, Inc. believes that a different noise source measurement and evaluation protocol is needed in the new ordinance.  One part of the protocol would involve measuring decibels, similar to the process used in the existing ordinance.  The second process would allow sounds to be evaluated on their pitch or frequency components.  This additional process would allow the Town to more effectively measure and regulate potentially annoying noise sources.  A new sound meter would be purchased to allow Town officials to measure sound against both standards.

 

The consultants also recommend that sound limits for steady state sounds should be based on the primary use of the property on which the sound originates.  One set of the sound levels recommended by the consultants is listed in the chart below.

 

Primary Property

Use

Current Level

Day

Proposed Level

Day

Current Level

Night

Proposed Level

Night

Residential

60

50

50

45

Business/Office,

Commercial, Institutional

 

60

 

65

 

50

 

55

 

Shopping Center,

Industrial

60

70

50

65

 

* The standards established for measuring sound against one-third octave bands are outlined in Section 11-39 of the proposed ordinance.

 

Sound levels would be measured from the property boundary plane of the property from which the steady state sound is coming.  In cases where a property of one primary use adjoins a property with a different primary use, the lower level would apply in determining whether a violation exists.

 

We believe that higher sound limits are appropriate for business and commercial properties and that lower limits are appropriate for residential areas.  We believe these lower levels will improve the quality of life for residential property owners without significantly impacting the nighttime activities of their neighbors.  However, we would expect that businesses that adjoin residential properties, and multi-family residential properties such as fraternities, may have to adjust their activities to meet the lower standards. 

 

Recommendation:  We recommend that the noise level standards established and approved by the consultants be included in the proposed ordinance.

 

Permits to exceed sound levels

 

The current ordinance allows persons to seek permits that allow them to produce sound ten decibels higher than standard decibel levels.  Permits can be issued for events held on Thursdays from 5:00 p.m. through 11:00 p.m., Fridays from 5:00 p.m. through midnight, and Saturdays from 10:00 a.m. through midnight.  Permits are also issued for other days of the week if the event in question will involve outdoor amplified sound sources.  No exceptions to the standard decibel limits are allowed for days or times other than those noted above.  Most permits issued by the Town are issued to University student organizations, fraternities, and local bars and clubs.  A few permits are issued every month to citizens in residential neighborhoods who are hosting private parties.  Permits must be procured at least forty-eight hours prior to the event.  Permit holders are required to notify neighbors within 250 feet of the event.  The permits currently cost $20.

 

The proposed ordinance would allow permits to be issued for Friday nights from 5:00 p.m. through midnight and on Saturdays from 10:00 a.m. through midnight.  With a permit, sound levels on these two days, including those levels measured along the third-octave bands, would be allowed to exceed standard levels by ten decibels.  We believe that a ten-decibel increase would be appropriate for weekend nights.  However, we believe that allowing sound levels to exceed established norms on Thursday night would prove disruptive to neighboring residents, particularly those who work or attend school on Friday mornings. We do not believe that eliminating permits on Thursday nights would negatively impact most commercial establishments.  However, limiting permits to events on Friday and Saturday would likely affect citizens hosting events at commercial establishments adjoining residential properties as well as at most fraternities and private residences.

 

Recommendations:  We recommend that permits be issued only for Friday and Saturday events, and that the cost of a permit be raised to $50.  We also recommend that the time for procuring a permit be at least seven days prior to the event and that neighbors must be notified of the issuance of the permit at least seventy-two hours prior to the event.

Retroactive application of new standards to existing systems

 

Mechanical systems often produce low pitch sounds that can’t be effectively measured against the standards contained in the current ordinance.  The two sets of measuring standards recommended in the proposed ordinance will likely result in some existing systems being out of compliance with the new ordinance.  This raises the issue of whether existing mechanical systems should be required to meet newly adopted standards.

 

We believe that requiring citizens to retrofit or replace existing mechanical systems to bring them into compliance with new standards could have a significant economic impact, particularly on owners of residential properties.  With lower decibel levels proposed for residential properties it is likely that many residential heating and air conditioning systems could be out of compliance.  Most commercial properties, with the exception of those adjoining residential properties, would be less likely to be affected by retroactivity.   Therefore we do not support the concept of retroactive enforcement for existing sound sources. 

 

Recommendation:  We recommend that the provisions of the new ordinance pertaining to steady state sounds coming from existing mechanical systems and equipment not be applied retroactively, but be applied when existing systems are replaced.

 

Nuisance noises

 

Section 11-39.1 of the current noise ordinance defines nuisance noises as noises that are “unreasonably loud, disturbing, unusual, frightening or unnecessary”.

 

Nuisance noises are typically intermittent noises or transient sounds rather than steady state sounds.   Many are difficult to regulate through the use of decibel limits and noise meters.  Nuisance noises include such sounds as people yelling, the revving of engines, music coming through apartment walls, the banging of trash cans and crates, a ball being bounced against the side of a house, and dogs barking.  Like some steady state sounds nuisance noises can bother one person without affecting another.  What’s unreasonably loud or unnecessary to one citizen may not be deemed so by another.

 

Most nuisance noises reported to the Police Department occur in residential neighborhoods, especially those where houses are close together.  Residents of apartment complexes also report nuisance noises more often than residents in other neighborhoods.  The majority of these complaints involve loud parties and/or people disturbing the peace.

 

Determining whether a noise is a nuisance is difficult for police officers unless the noise is so unreasonably loud that the violator should have known that the noise was creating a nuisance (i.e. playing a pick-up game of basketball at 3:00 a.m. in a driveway bordering another residence).  In most cases nuisance complaints involve private nuisances where only one person reports the noise as a nuisance.  Town officials do not have the authority to take enforcement action in matters constituting private nuisances.  Absent a second complainant these types of complaints must be handled through civil processes such as mediation.        

The current ordinance contains eleven examples of nuisance noise that are prohibited, particularly at night.  Some acts in Section 11-39.1 are specifically prohibited and considered nuisances, particularly if they occur at night.  These acts include operating loud motor vehicles, using power equipment, and operating exterior loud speakers.  While we agree that these acts and their accompanying noise could create a nuisance at night, we believe that the ordinance should note these acts as examples of nuisances rather than prohibiting them without exception. 

 

The nuisance section of the proposed ordinance contains eleven examples of noises that could be considered nuisances if they prove bothersome to neighboring residents.  A restriction on the level of noise coming from portable stereos (boom boxes) and from car sound systems has also been added to the nuisance section. 

 

Recommendation:  We recommend that the proposed ordinance contain a list of examples of noises that would be considered nuisances if they prove bothersome to neighboring residents.  We also recommend that the new ordinance contain an enforcement provision that specifies when and how noises would be classified as nuisances. 

 

Exemptions to noise restrictions

   

Section 11-40 of the current ordinance contains sixteen exemptions to the noise control article.  The exemptions include such things as University events, street fairs, noise from construction, landscape and sanitation operations, and noise resulting from the provision of government services.  Some of these exemptions have received considerable attention and comment from citizens, especially the exemptions for sanitation services and other government services.  At the April public hearing several citizens spoke in opposition to the exemption for sanitation services.  Representatives of the University and of the Town’s Public Works staff have expressed concern that removing the exemptions for the provision of certain government services will negatively impact the ability of these agencies to effectively provide necessary services to the citizens.

 

We believe that certain exemptions to provisions of the noise ordinance are necessary to maintain public safety and to maintain the public infrastructure.  We also believe that the Town should retain the responsibility for granting exemptions for non-emergency work deemed necessary to ensure that the public infrastructure is maintained.  Prior to granting such exemptions the Town would ensure that the work is necessary and that the noise created by the work would not interfere with neighboring residents’ reasonable use of their property.   

 

Recommendations:  We recommend that the following exemptions be included in the proposed ordinance:

 

·        Emergency work necessary to maintain public safety or to restore property and the public infrastructure to a safe condition following an accident or disaster.

 

·        Government services necessary to maintain the public infrastructure (i.e. painting street lines, road cuts, street flushing, sidewalk repairs along major roadways).

 

·        Work performed by non-government agencies provided that the work is necessary to maintain the public infrastructure (i.e. utility work), and that the work is in accordance with a permit issued by the Manager. 

 

·        Sanitation and recycling services between the hours of 5:30 a.m. and 11:00 p.m. in accordance with a permit issued by the Manager.

 

Penalties and enforcement

 

During the development process for a new ordinance several citizens supported the inclusion of more specific enforcement and penalty guidelines.  Also, we believe the inclusion of civil penalties is necessary due to the expanded scope of noises that this ordinance will regulate.

 

The proposed ordinance includes two sections related to penalties and enforcement. The first outlines the protocols that would be followed by Town officials in enforcing the various provisions of the ordinance.  These would include policies on the issuance of warnings as well as policies on enforcing both steady state and nuisance noise violations.  The second section outlines the possible penalties for noise ordinance violations. 

 

Recommendation: We recommend that the following penalties be established for violations of the noise ordinance:

 

·        Immediate revocation of an existing permit

·        Denial of future permits for repeat violators

·        Criminal sanctions – misdemeanor and up to $150 fine

·        Civil penalties - up to $500 per day

·        Instituting legal procedures for injunctive relief

 

NEXT STEPS

 

We believe it will take approximately five months before the Town would be prepared to implement and enforce a new ordinance.  A new noise meter with increased measurement capabilities must be purchased. Town employees must receive training in the ordinance and the use of the new meter.  Also, we believe that a comprehensive public education program must be developed and offered throughout the community.  If adopted on October 10, we would recommend that the new ordinance become effective on March 1, 2002.  

 

RECOMMENDATION

 

We recommend that the Council receive this item and refer comments to the Manager and Attorney for consideration in preparing the proposed ordinance for adoption on October 10, 2001.    


 

ATTACHMENTS

 

1.      Proposed Noise Ordinance (p. 9).

2.      Staff Report on Noise Ordinance Revision (p. 23).

3.      Report on Sanitation Services from Public Works Department (p. 33).

4.      Report from Environmental Noise Consultants, Inc.(begin new page 1).

 

ATTACHMENT 1

 

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE III OF THE TOWN CODE OF ORDINANCES REGARDING NOISE (2001-10-10/O-   )

 

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
 
Section I.  Article III, Chapter 11 of the Town Code is hereby revised to read as follows:
 
ARTICLE III.  NOISE

 

Sec. 11-37. Article designated noise control code.

 

This article shall be known as the "Noise Control Code for the Town of Chapel Hill."

 

Sec. 11-38. Terminology, instrumentation and standards.

 

     (a) Terminology. All Major terminology used in this article not is defined below.  Terms not defined herein shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

 

(1)  A-weighted sound level: The sound pressure level in decibels as measured on a sound level meter using the A- weighting frequency network and slow meter response setting. The level so read is designated dB(A).

 

(2)  Decibel (dB):A uUnit of level when the base of for describing the amplitude of sound, equal to twenty (20) times the logarithm is the tenth root of to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micronewtons per square meter.and the quantities concerned are proportional to power. Unit symbol, dB.

 

(3)  Sound pressure level: Twenty (20) Ten times the logarithm to the base ten (10) of the ratio of the time-mean-square pressure of a RMS sound, pressure in a stated frequency band, to the square of the reference sound pressure in gases of twenty (20) micronewtons per square meter 20 micro Pa. Unit decibel (dB); abbreviation, SPL; symbol, Lp

 

(4)  Sound level meter: AnDevice instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighing network used to measure sound pressure levels used to measure sound pressure level with a standardized frequency weighting and indicated exponential time weighting for measurements of sound level, or without time weighting for measurement of time-average sound pressure level or sound exposure level.

 

(5)  Sound level, weighted sound pressure level:  Ten timesTthe weighted sound pressure level obtained by the use of a sound level meter and logarithm to the base ten of the ratio of the squared A-frequency weightinged network, such as A, B, or C as specified in American National Standards Institute Specifications for sound pressure to the squared reference sound pressure of 20 Pa, the squared sound pressure being obtained with slow (S) (1000 ms) exponentially level meters (ANSI S1.4-1971, or the latest approved version thereof). If the frequency weightinged time-averaging selected. Unit decibel (dB). [However, herein the unit for employed is not indicated, the A-frequency weightinged shall applymeasurements will be referred to simply as dB(A).]

 

(6)  Time-interval equivalent continuous A-frequency weighted sound pressure level: Ten times the logarithm to the base ten of the ratio of the time-mean-square instantaneous A-frequency weighted sound pressure during a stated time interval T, to the square of the standard reference sound pressure. Unit, decibel (dB); abbreviated as LAeq,T

 

(7)  Time-interval equivalent continuous band sound pressure level: Sound pressure level for sound contained within a restricted frequency band during a stated time interval T. Unit, decibel (dB); abbreviated as L b,eq,T.

 

(8)  Filters: Herein refers to either an octave-band or one-third octave-band frequency filter as defined in ANSI S1.1-1994.  Measurements with the A-frequency weighting filter provide a single overall sound level for a noise source after the contribution of the low frequencies has been significantly reduced. Octave-band and one-third octave-band filter measurements provide more accurate information about the frequency pitch)characteristics of the noise source.

 

(69)Emergency work: Any work performed for the purposes of maintaining public safety, preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.

 

(7)  Outdoor amplified sound:  Any sound using amplifying equipment whose sound is outside or whose source is inside and the sound propagates to theoutside through open doors or windows or other openings in the building.

 

(8)  Sound amplifying equipment:  Any device for the amplification of the human voice, music or any other sound, including joke boxes, stereos and radios.

 

(10)Steady-state sound:  A steady-state sound is one that exists twenty-five percent of any one measurement interval.  A measurement interval is a continuous period of fifteen seconds.  Examples would include music sources, PA sounds, exhaust fan noise, heating and air-conditioner noise, etc.

 

(11)Adjoining Property: Property which shares a contiguous boundary with another. 

 

(b)Standards. Standards, iInstrumentation, requirements and personnel, measurement procedures:  The instrumentation requirements, personnel training or qualifications and reporting procedures to be used in the measurement of sound as provided for in this section shall be those as specified herein:

 

(1)  Sound level measurements shall be made with a sound level meter using the “A” weighting scale, set on “slow” response. obtained following the general guidelines outlined in the references listed below and as specified in documents formulated by the city pertaining to the enforcement of this code.

 

(2)  Sound level meters shall be of a least Type Three meeting American National Standard Institute Incorporated Two as defined in (ANSI)S1.4-19713-1997 requirements.  The entire for integrating-averaging sound level meters. The sound measurement system shall be serviced and calibrated and operated as recommended by the manufacturer or as outlined in the general order defined in (4) below  Persons using the sound level meters shall be trained in sound level measurement and the operation of sound level management.

 

(3)  Persons using the sound measuring equipment and related instrumentation shall be trained in its proper operation, use, and care.

 

(3 4)The town manager or his designee shall issue a general order adopting standards and procedures for sound level measurements and enforcement consistent with this article.

 

(c) References:

 

(1)  ANSI S1.43-1997. American National Standard Specifications for Integrating-Averaging Sound Level Meters. Standards Secretariat, Acoustical Society of America, New York, NY.

 

(2)  ANSI S1.4-1983 (R 1997). American National Standard Specification for Sound Level Meters. Standards Secretariat, Acoustical Society of America, New York, NY.

 

(3)  ANSI S2.11-1966 (R 1975). American National Standard Specifications for octave, half-octave, and third-octave band filter sets. Standards Secretariat, Acoustical Society of America, New York, NY.

 

(4)  ANSI S1.1-1994. American National Standard Acoustical Terminology. Standards Secretariat, Acoustical Society of America, New York, NY.

 

(5)  ANSI S3.20-1995. American National Standard Bioacoustical Terminology. Standards Secretariat, Acoustical Society of America, New York, NY.

 

(6)  ANSI S1.42-1986(R 1992). American National Standard Specification for Acoustical Calibrators. Standards Secretariat, Acoustical Society of America, New York, NY.

 

 

Sec. 11-39. Maximum permitted steady-state sound levels and sound pressure levels.

 

              a)   The use of sound amplifying equipment is limited to the conditions specified in this section.

 

(ba)No person or group of persons shall operate or cause to be operated any source of sound in such a manner as to create a root mean square (rms) steady-state sound level which at its peaks that exceeds the limits set forth herein below either in Table 1 or in Table 2 when measured beyond at any point on the boundary planes of the property line from which the sound originates, or beyond.

 

(1)  A-frequency Weighted Sound Levels:

 

Table 1. Maximum Sound Level Limitations At The

Property Boundary-Plane by Primary Use Category, dBA

 

Primary Use Category              Daytime *      Nighttime *

 

 

Residential                           50            45

 

Business, Office,                     65            55

Commercial, and Institutional

 

Shopping Center, Thoroughfare,        70            65

and Industrial

 

* Daytime and nighttime are defined in section 11-39(d).

 

 

(2)  One-Third Octave-Band Sound Pressure Levels:

 

 

Table 2. Maximum One-Third Octave-Band Sound Pressure Level Limitations At The Property Boundary-Plane by Primary Use Category, dB

 

One-Third                         One-Third

Octave-Band                       Octave-Band SPL, dB

Center Frequency,

Hertz              Residential        Business, Office,

Commercial,Institutional

 

Daytime   Nighttime  DaytimeNighttime

 

16            83        78        98        88

20            75        70        90        80

25            67        62        82        72

31.5          60        55        75        65

40            57        52        72        62

50            56        51        71        61

63            55        50        70        60

80            54        49        69        59

100           53        48        68        58

125           52        47        67        57

160           51        46        66        56

200           50        45        65        55

250           49        44        64        54

315           47        42        62        52

400           45        40        60        50

500           43        38        58        48

630           41        36        56        46

 

(c)       A live musical group or individual using sound amplifying equipment may operate out of doors only if the business manager or an authorized agent of that business manager has been granted a permit. This permit may be secured after it is signed by an authorized agent of the musical group and by a representative of the individual organization or group retaining the services of the musical group and on whose premises the amplifying equipment is to be used.

 

(d)  The following are established as maximum sound levels:

 

     (1)  Nighttime sound levels (after 11:00 p.m. until 8:00 a.m.) may not exceed fifty (50) dB(A) except as noted in (3) below.

 

     (2)  Daytime/evening sound levels (between 8:00 a.m. and 11:00 p.m.) may not exceed sixty (60) dB(A) except as noted in (3) below.

 

     (3)  Daytime/evening sound levels in excess of sixty (60) dB(A) will be permitted upon issuance of a permit and allow sound levels exceeding those set above as follows:

 

          Thursday evening,

(5:00 p.m.‑‑11:00 p.m. Thursday) . . . . 70 dB(A)

 

          Friday evening,

(5:00 p.m.‑‑Midnight Friday) . . . . 70 dB(A)

 

          Saturday,

(10:00 a.m.‑‑Midnight Saturday) . . . . 70 dB(A)

 

     (4)  Except as otherwise allowed by section 11-41(d)(3) and section 11-41(e)(2), a permit to exceed sound levels may only be issued during the days and times listed in section 11-39(d)(3), to a maximum level of seventy (70)dB(A). No outside amplified sound will be allowed unless a permit has been issued, subject to the exemptions set out in section 11-40.

 

     (b)  In Table 2, the allowed one-third octave-band sound pressure levels for the nighttime and daytime for the shopping center, thoroughfare and industrial boundaries are +5 and +10 dB higher than is defined for the daytime business, office and commercial, and institutional boundary planes.

 

      (c)  When the primary use of the property where the noise is produced differs from the primary use of the adjoining sound-receiving property, then the maximum permitted sound levels or sound pressure levels which will apply are the lower of the levels shown in Tables 1 and 2 for the two primary use categories involved.

 

       (d)  For purposes of this ordinance daytime is defined as 7:00 am until 11:00 pm and nighttime is defined from 11:01 pm until 6:59 am from Sunday through Thursday.  For the days of Friday and Saturday daytime is defined as 7:00am until 12:00am and nighttime is defined as 12:01am until 6:59 am.

 

 

Sec. 11-39.1. Noises prohibited, nNuisances noises.

 

      (a) General prohibitions.  It shall be unlawful to create, cause or allow the continuance of any unreasonably loud, disturbing, unusual, frightening or unnecessary noise, particularly during nighttime, which interferes seriously with neighboring residents' reasonable use of their properties.    Steady state noises that do not exceed the allowable sound levels as defined in Section 11-39(1,2) are not nuisance noises.  Nuisance Such noise may include, but is are not limited to, the following:

 

(1)         Yelling, shouting, whistling or singing.on the public streets or private property at nighttime

(1)                         

 

(2)  Noisy parties. Congregating because of, or participating in any part or gathering of people, during nighttime.

 

(3)  Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or other similar objects during nighttime.

 

(4)  Repair of motor vehicles. The repair, rebuilding or testing of any motor vehicle during nighttime.

 

(5)  Radio, phonograph, Sound amplification equipment,television, or musical instrument The playing of any radio, phonograph, musical instrument, television, or any such device, particularly during nighttime.

 

     (b)  Specific prohibitions. The following acts are prohibited and shall be considered nuisance acts:

 

(16)Horns and signaling devices The intentional sounding of any horn or signaling device of a motor vehicle on any street or public place continuously or intermittently, (except as a warning of a safety hazard, danger or emergency) warning.

 

(27)Motor Vehicles Operating or permitting the operation of any motor vehicle or motorcycle not equipped with original manufacturer-provided a muffler, or equivalent, other device in good working order. so as to effectively prevent loud or explosive noises therefrom.

 

(38)Exterior and mobile loud speakers. Operating or permitting the operation of any mechanical device or loudspeaker, without a permit to do so, in a fixed or movable position exterior to any building, or mounted on any aircraft or motor vehicle in such a manner that the sound therefrom is in excess of the maximum decibel level as described in section 11-39.

 

(49)Power equipment including but not limited to power tools,generators, and  Operating or permitting the operation of any power saw, sander, drill, grinder, leaf blower, lawn mower, or other garden equipment, or tools of a similar nature, outdoors during nighttime.

 

 

(510) Explosives. The use or firing of explosives, firearms, fireworks or similar devices which create impulsive sound.

 

(611)Security alarms. The sounding of a security alarm, for more than twenty (20) minutes after being the owner or responsible party has been notified by law enforcement personnel.

 

     (b)  It shall be unlawful to operate a vehicle sound system on public or private property, or a boom boxon public property,in such a manner that the sound emanating from such equipment is detectable at a distance of 30 feet from the source.

 

Sec. 11-40. Exceptions.

 

The following are exempt from the provisions of this article:

 

(1a) Sound emanating from regularly scheduled outdoor athletic events on the campus of the University of North Carolina, or on the grounds of local schools, or parks.

 

 (2b) Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufacturer's specifications, and with all standard equipment, and with  manufacturer's mufflers and noise-reducing equipment in use, and in properly operating condition.

 

(3c) Noises of safety signals, warning devices, emergency pressure relief valves, all church bells and the bells of the Bell Tower and the bell on South Building on the University of North Carolina campus.

 

(4d)Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency.

 

     (5)  Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the town in accordance with the above. Regulations of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit and contained above.

 

(6 e)Unamplified and amplified sSound at street fairs conducted by or for the Town of Chapel Hill.

 

(7 f)An official all-campus University of North Carolina event, held on the University Campus, no more than one weekend in duration, occurring no more often than twice per year.

 

(8,g)All noises coming from the normal operations of properly equipped aircraft (not including scale model aircraft).

 

(9,h) All noises coming from normal operation of motor vehicles properly equipped with the manufacturer's standard mufflers and noise-reducing equipment.

 

(10, i) Noise from lawful fireworks and noisemakers on holidays and at religious ceremonies.

 

     (11,j) Lawn mowers, agricultural equipment, and landscape maintenance equipment used between the hours of 7:00 a.m. to 9:00 p.m. weekdays and 8:00 a.m. to 9:00 p.m. on weekends;providing all equipment is when operated with all the in accord with the manufacturer's standard mufflers and noise-reducing equipment in use; and is in properly operating condition.  When practical, such equipment shall be located so as to minimize the noise impact on surrounding residences.

 

(12,k)Musical accompaniment or firearm discharge related to military ceremonies.

 

(13)Sound amplification equipment used in conjunction with telecommunications systems on business properties to notify employees of that business of incoming phone calls, providing that this system be used only between the hours of 7:00 a.m. and 10:00 p.m., and that any speakers attached to the system be oriented toward the interior of the property.

 

(14, l)   Emergency work necessary to maintain public safety, or to restore property to a safe condition following a fire an accident or natural disaster, or to restore public utilities and infrastructure following an accident or natural disaster, or to protect persons or property from an imminent danger.

 

     (15, m)  Noises resulting from the provision of government services necessary to maintain the public infrastructure.

 

     (n)  Noises resulting from work performed by non-government agencies, provided that such work is necessary to maintain the public infrastructure, and that a permit for the work has been issued by the town.

             

(16, o)   Noises resulting from the provision of sanitation garbage and recycling services between the hours of 5:30 a.m. and 11:00 p.m in accordance with a permit issued by the Manager.

 

     (p) Any other noise resulting from activities for which a permit allowing exemption from this article has been granted by the Town. Regulation of noises emanating from operations under such permit shall be according to the conditions and limits stated on the permit.

 

Sec. 11-41. Permit to exceed noise limits.

 

   (a)  Who may apply A person or group of persons may apply for a permit specific to the time and place of a planned activity in order to produce or cause to be produced sound in excess of sixty (60) no more than 10dB(A) only during the hours specified in section 11-39, and only if a permit to in exceeds excess of thesound limits for the time and place of the activity has been obtained specified in Section 11-39 only during the daytime hours on Friday and Saturday.

 

    (b) Application or permit Any person or group of persons desiring a permit shall apply as provided herein, and shall provide all information required.

 

    (c) Timeliness of application. The business manager or authorized agent or aAny person or groups of persons desiring a permit for a live musical group or individual to perform out of doors using sound amplifying equipment must apply forty-eight (48) hours prior to the activity from which the permit is requested. A person applying for a permit to exceed the sound levels set out in section 11-39 (1) or (2) or to use sound amplifying equipment may limits as specified herein and for the allowed times must apply jointly with  seven days prior to the business manager or authorized agent of the musical group if live music is to be provided activity for which the permit is requested.

 

(d)  Action by town manager. The town manager or his designee will act upon all requests for:

 

     (1)  A permit to exceed the limits specified during the hours specified;

 

     (2)  A permit on behalf of the business manager or authorized agent of any musical group that wishes to operate out of doors during the hours specified.

 

     (3)  A permit to exceed the limits for any time other than specified in section 11-39(d)(3).

 

(e)  Consideration by town manager.

 

     1d) In considering and acting on all requests or permits pursuant to this article,the town manager shall consider, but shall not be limited to the following, in issuing or denying such permit: The timeliness of the application; the nature of the requested activity or event; the time of the event; the duration of the event; other activities in the vicinity of the location proposed; the frequency of the application; the effect of the activity on the residential areas of the town; previous experience with the applicant; and previous violations, if any, of the applicant.

 

(2e)In addition, in order to issue a permit, under section 11-41(d)(3)the manager must determine that granting such a permit would have minimum or no impact on the surrounding area, or that the event is of a community-wide nature; and during daylight hours.

 

(f)  Requirements by town manager.

 

(1f) A permit granted under this section will require the payment of a five dollar ($5.00)fifty dollar ($50.00) administrationive fee.

 

     (2)  The town manager or his designee may require that no sound speakers shall be set up more than ten (10) feet above the ground.

 

     (3)  The town manager or his designee may require that the permit holders change the arrangement of loud speakers or the sound instruments so as to minimize the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines.

 

     (4g) That the permittee notify Permit holders agree to contact at least one adult at every residential address within two hundred fifty (250) feet of the property boundary of the site of the proposed sound source that a for which the permit has been issued.  Such notification must be made in writing using the notification form provided by the police department, and must be done twenty-four (24)at least seventy-two (72) hours prior to the starting time of the permit.  

 

      (gh) Cooperation with police Permit holders agree to cooperate with the police department town officials in enforcing the this noise control ordinance by having the signer(s) of the permit available at the site of the event during the entire time for which a permit has been issued and capable of assisting the police town officialsin enforcing the noise control ordinance Failure of such signer of a permit to be present or to assist the police in complying with this article will be cause for revocation of said permit.

 

Sec. 11-42. Violations; enforcement.

 

(a)                     Any person who violates any portion of this article shall receive When it is reasonable and practical to do so, a person believed to be violating any portion of this article may be givenan oral order to cease or abate the noise immediately, or within a reasonable time period. During nighttime, or if a second violation occurs within sixty (60) days, an oral order to cease or abate need not be issued prior to issuing a citation for or as soon as is reasonable or practical, prior to being charged with a violation of any portion of this article.

 

(b)  If the order to cease or abate the noise is not complied with, the person or persons responsible for the violation may be charged with a violation of this article and subject to a fine of five hundred dollars ($500.00).

 

(c)    Violation of section 11-41 of this article is cause for immediate revocation of a permit to exceed normal limits. The town manager or manager's designee may deny a request to exceed the limits or to operate sound-amplifying equipment to any individual, group, organization, or musical group who has held a permit to exceed normal noise levels within the previous six (6) months, and has violated the conditions of said permit, or who has violated any condition of this article within the previous six (6) months, with or without a permit. All permits issued pursuant to this article shall contain a statement of the penalties for violations set forth herein.

 

(d)    Parties who experience ongoing disagreement concerning noise may be referred to the dispute settlement center for mediation services. Referral forms will be provided by the police department. The dispute settlement center will provide services in accordance with the agency's policies and procedures.

 

     (c)A person or group of persons will not be deemed to haveviolated Section 11-39.1a of this article unless the noise being created, caused, or allowed to continue by said person(s) is reported on at least two occasions, at least twenty minutes apart, by different complainants at two different locations, or unless the noise is of such a nature that a reasonable person should have known that the noise was a nuisance as defined in Section 11-39.1a.

 

     (d)  Steady-state sounds, created by existing sources and/or equipment in place and operational prior to the effective date of this ordinance,and maintained in good working order, are not violations of this article if the sound levels created do not exceed the limits allowed by ordinance prior to the effective date of this ordinance.         

 

Sec. 11-43  Penalties and Enforcement.

 

     (a)  Any violation of this article is a misdemeanor and is punishable by a fine not to exceed $150, imprisonment for not more than ten days, or both.

 

     (b) Violation of section 11-41 of this article is cause for immediate revocation of a permit to exceed normal sound limits.

 

     (c) The town manager or the town manager’s designee may deny a request to receive a permit to exceed the normal sound limits to any person or group of persons who have, within the previous six months, violated any condition of this article.

 

     (d) Violations of this article may also be enforced by assessment of a civil penalty of up to $500 per day as provided by law.  Each day that a violation continues shall constitute a separate offense.  The manager shall determine the amount of the civil penalty to be assessed under this section, shall make written demand for payment upon the person responsible for the violation, and shall set forth in detail the violation for which the penalty has been invoked.  If payment is not received or equitable settlement reached within sixty(60) days after demand for payment is made, a civil action may be initiated to collect said penalty.  In determining the amount of the penalty the manager shall consider the extent of the inconvenience or harm inflictedby the violation, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with the ordinance.

 

     (e)  In addition to the civil and criminal penalties, the Town may institute legal procedures for injunctive relief for any violation of the article.

 

Section 2.  This ordinance shall become effective March 2, 2002.

 

This the 10th day of October, 2001.

ATTACHMENT 2

 

POLICE STAFF REPORT

SEPTEMBER 24, 2001

 

PROPOSED NOISE ORDINANCE REVISION

 

Since 1997 the Town has been involved in a comprehensive review of the current noise ordinance to determine how it can be revised to provide for a more complete coverage of various noises and sound levels experienced throughout the Town.  During the past four years the ordinance has been reviewed by citizens, including members of a Noise Ordinance Study Committee, Town staff members, and consultants hired by the Town in 1999.  Many issues related to community noise have been raised; many suggestions and proposed revisions have been offered. 

 

This report reviews these issues, suggestions and proposed revisions.  This report also offers recommendations as to how each of these items should be incorporated into a revised noise ordinance, together with other options for consideration.  An impact statement regarding each of the recommendations is also included.

 

Background

 

The current ordinance underwent its last significant revision in 1991.  It contains two principal sections – one relating to sound levels and decibels, the other relating to nuisance noises.  Until the latter part of the 1990’s the ordinance was typically used to regulate noises resulting from amplified sources, especially stereo systems and bands.  The application of the ordinance to non-amplified sounds, such as those coming from mechanical systems, became a more significant area of concern as development increased and as properties of various, and sometime conflicting, uses began encroaching on each other.

 

In 1997 the Town Council established a Noise Ordinance Study Committee to review the current ordinance and to develop options to be considered for possible inclusion in a revised ordinance.  Since 1997 the Committee has completed its work and presented its recommendations to the Council.  Public input regarding community noise issues has also been requested and received.  Consultants were hired in 1999 to assist in the development of a new noise ordinance.  A public hearing was held in April of 2001 to receive additional input into community noise issues. 

 

Community Noise Issues

 

Decibel Levels:

The current ordinance has a standard decibel limit for all noises during the day, another for all noises at night.  The source of the sound, type of equipment producing the sound, or the location at which the sound is being produced are not factors that affect the standard decibel level established to limit such sounds.

 

Discussion:  The Noise Ordinance Study Committee has recommended to the Council that long duration, tonal sounds created by mechanical equipment be reduced by five decibels.  The Committee has also recommended that lower decibel levels be applied to all institutional and commercial noise sources.  Citizen comment on the community noise issue has included recommendations to lower allowable nighttime sound levels.  However, representatives of the UNC student body have voiced concern that lower nighttime levels would have a negative impact on the social life that they believe is such an important facet of life in a University community.  University officials have also expressed concerns that lowering the nighttime level could make it impractical or, in some cases impossible, to meet such a limit.

 

The consultants have recommended that one of the criteria on which noise levels are based should be the type of location and/or property from which the sound is coming.  They recommend that allowable noise limits should be higher in commercial and institutional areas than in residential areas.  They also recommend that when properties of different uses are adjoining, the lower allowable noise level should be the standard against which violations are measured.

 

The consultants also recommend that an additional measurement criteria be used to determine if noise sources exceed the proposed limits.  The current ordinance provides for measuring only the A-frequency weighted sound level.  This type of measurement does not adequately address annoying, low frequency tonal sounds.  The consultants recommend that sound levels be measured using both the A-frequency weighted sound level (dBA) and its equivalent levels in one-third octave bands.

 

Options:  There are a wide variety of sound levels and measurement criteria that could be considered for implementation.  Decibel limits could remain the same, they could be based on a single criteria or narrow octave band scale, and they could be applied consistently throughout the town regardless of the location of the sound sources.  However, such changes would require additional research and evaluation.

 

Recommendation:  We recommend that the revised noise ordinance include the sound measurement criteria developed by the consultants.  (See chart below for the proposed dBA levels for selected property use categories)

 

 

 

Primary Property Use

Current Level

Day

Proposed Level

Day

Current Level

Night

Proposed Level

Night

Residential

60

50

50

45

Business/Office,

Commercial

Institutional

 

60

 

65

 

50

 

55

Shopping Center,

Industrial

60

70

50

65

 

 

Impact statement:  These levels were developed based on nationally accepted standards in place in many communities in North Carolina and across the country.  They take into consideration the type of location from which the sound is coming.  Use of the proposed levels along with their equivalent one-third octave band levels would increase the likelihood that community annoyance problems related to particularly bothersome sounds, especially high and low pitch sounds, would be minimized. 

 

The consultants also recommended that exceptions to the daytime limits on Friday evening and all day and evening on Saturday be allowed if a permit is first procured from the Town.  This exception would alleviate some of the concerns of University students.  Noise levels from sound sources located on properties adjoining residential properties would face stricter compliance standards than those currently in effect.

 

Measuring the one-third octave band levels would require the purchase of a new noise meter.  The estimated cost of such a meter would be approximately $5,500.  Training town staff in the use of the meter would take approximately one month. 

 

Permitting System:

The current ordinance allows citizens to seek permits that allows them exemptions in two areas.  First, a permit allows citizens to locate amplified sound sources outside.  Without such a permit amplified sound is not allowed to be detectable at the property line.  Second, permits issued for Thursday through Saturday allow citizens to exceed standard decibel levels by ten decibels.  These exemptions are allowed from 5:00 p.m. through 11:00 p.m. on Thursday, 5:00 p.m. through midnight on Friday, and 10:00 a.m. through midnight on Saturday. 

 

Permits, which cost $20, must be procured at least forty-eight hours prior to the event.  Residents within 250 feet of the event site must be notified.

 

Discussion:  The consultants have recommended sound levels that they believe allow residents and business owners appropriate use of their properties without significantly interfering with other citizens’ reasonable use of their property.  Through their site visits, their meetings with a wide spectrum of residents from the community, and their work in other university communities, the consultants are aware that certain allowances should be considered for certain times of the week. 

 

Throughout the four years of discussion regarding the noise ordinance, many varying opinions have been voiced about the level of sounds being produced at both commercial and residential properties.  During the April public hearing on the proposed ordinance, one citizen requested that permits not be issued for Thursday nights.  A Council Member and two other citizens supported the idea of allowing citizens the opportunity to comment on a permit application prior to its issuance.  Another Council Member supported the system of notifying neighboring residents about the permit’s issuance.  A Council Member also voiced support for the extension of the notification period to more than 48 hours. 

 

Representatives of the UNC student body and the Inter-Fraternity Council spoke at the April public hearing in support of allowing permits to be issued for Thursdays.  Earlier this year the consultants met with representatives of the UNC Student Government.  These students also voiced their support of Thursday night permits. 

 

Police Department records indicate that most noise complaints are directed at sounds coming from apartment complexes, bars and clubs, fraternity houses, and multi-family structures in residential neighborhoods in the downtown districts.  Bars and fraternities represent the majority of applicants for permits to exceed sound levels.  

 

Thursday night is traditionally a night on which many parties and special events are held, both in commercial establishments and in housing traditionally occupied by students.  Records indicate that the number of noise complaints received on Thursday nights is not significantly different than other nights of the week.   

 

If the proposed system of establishing decibel limits is adopted, bothersome sounds (such as those with pitches that are very high or low) would be measured to determine violations.   Permits to exceed decibel levels by ten decibels would also allow each of these types of sound to also be increased by a proportionate level.  

 

Options:   The system for issuing permit contains a number of variables and options including cost, time and day for which permits are issued, notification methods, and time periods within which permit applicants must request their permits.  Multiple options are available for consideration.

 

  1. Keep current system of issuing permits at least forty-eight hours prior to the event.  The notification of neighbors must take place prior to the event. 

 

  1. Extend the application period and the time required for notification to more than forty-eight hours.

 

  1. Restrict locations for which permits can be issued.

 

  1. Keep current system of allowing permits to be issued for Thursday through Saturday. 

 

  1. Change days and/or times for which permits may be issued.

 

  1. Change the cost of the permits from the current level of $20.

 

Recommendations: 

 

 

 

 

 

Impact statement:  We believe that a system allowing for exemptions to the noise levels should be in place, but that the opportunities for such exemptions should be limited to those times that would least impact residents’ reasonable use of their property.  While we believe that a requirement allowing neighbors to comment on permit applications would be difficult to implement and enforce, we do recognize the impact that louder-than-normal sounds have on residents.  The extension of the application and notification periods should help assuage some of these concerns.   

 

Also, with its new computerized records system, the Police Department is now better able to track past noise violations.  Prior to the issuance of a noise permit, the applicant’s record of compliance with the noise ordinance could be verified.  Applicants with a history of noise violations could be refused a permit.

 

Fraternities and other student groups would be most affected by the restriction of permits to Fridays and Saturdays.  Though events on Thursday nights would not have to be curtailed, the level of noise coming from such events would.    

 

Retroactivity:

Changes in the noise limits currently restricting steady-state sounds raise questions about regulating existing sound sources that produce sound levels exceeding those established in a new ordinance.  Should the owners of such sources be required to retrofit or replace them to bring their sound output into compliance with new standards?

 

Discussion:  During consideration of the proposed ordinance revisions representatives from the Chamber of Commerce and the University voiced their opposition to retroactive enforcement.  The Town’s consultants also are opposed to including retroactivity components into a new ordinance.  At the April public hearing several residents supported the concept of retroactivity.  Two Council Members asked for the matter to receive further consideration.

 

Under the proposed ordinance decibel levels for sound sources at locations whose primary uses are commercial and institutional are five decibels higher than currently allowed.  Decibel levels for properties of residential use are five to ten decibels lower.  Some mechanical systems at residential properties, such as heat pumps and air conditioning systems, and some systems at commercial and institutional locations would likely be out of compliance with the proposed sound levels.  The commercial and institutional sites most likely to face problems with retroactive standards would be those properties whose boundary lines adjoin boundary lines of properties whose primary use is residential.  

 

The costs of bringing systems into compliance could be significant.  If a retroactive enforcement component were added to a new ordinance, it would likely have to be accompanied by a grace period of several years in which property owners could bring their systems into compliance. 

 

Options:

 

  1. Include a retroactivity component to the new ordinance.  Allow property owners a grace period within which they would be required to bring existing mechanical systems into compliance with the new standards.

 

  1. Include a retroactivity component that would establish a threshold above which currently compliant systems would have to be improved.  For example, require existing systems that are at least ten decibels above the new limits to be retrofitted or replaced.

 

  1. Do not include a retroactivity component in the new ordinance but require all existing systems to be maintained in proper working condition and, if replaced, to meet the new sound levels.  

 

Recommendations: 

 

 

 

 

Impact statement:  Applying new standards to existing mechanical systems would present a significant practical and financial burden on citizens, particularly homeowners.  Retroactivity could cost some businesses thousands of dollars.  If systems are replaced, they should be required to meet the new standards.  If noise coming from existing systems were creating particular concerns among neighbors we would encourage those parties to enter into mediation.  Mediation has proven successful in the past at mitigating nuisances and annoyance situations.

 

The consultants support the idea of creating new noise standards to ensure that future growth is managed in a manner that would improve residents’ living environment, including issues related to noise. They believe that over time all systems will ultimately meet the new standards, without having placed significant financial burdens on property owners.  

 

Nuisance Noises:

Perhaps the most difficult noises to regulate are nuisance noises.  These are noises that don’t produce steady state, long duration sounds but instead produce sounds that are intermittent and, while bothersome to some, might not be bothersome to others.  Many such nuisance noises are noticeable at night, when surrounding environments are quiet and routine daytime noises, such as traffic, are less prevalent.

 

Discussion:  The nuisance section of the Town’s noise ordinance was added in 1991.  The intent of the nuisance section is to regulate the types of bothersome sounds that can’t be effectively measured using decibel levels and sound meters.  The nuisance section prohibits the creation or continuation of sounds, particularly at night, that seriously interfere with residents’ reasonable use of their property.  

 

The current ordinance includes two sections.  The first refers to general prohibitions such as yelling, loud parties, loading operations and noises from televisions and stereos.  The second lists specific prohibitions against sound sources such as power equipment, security alarms, exterior loud speakers, and motor vehicles. 

 

Enforcement of the nuisance section is difficult and often frustrating for residents.  The Town has the authority to regulate public nuisances.  Private nuisances, those between two individuals, are typically handled through civil processes.  The current protocol for handling nuisance complaints is for the police to ask those creating the reported nuisance to reduce or eliminate the noise.  If a second complainant reports the same nuisance at the same location twenty minutes later, the violator can be cited for the nuisance.  If the original complainant continues to be bothered by the noise, but no one else reports the noise as a nuisance, the complainant may seek redress through civil remedies.

 

Most nuisance complaints reported to the Town come from noises created in residential areas.  Most relate to noisy parties or crowds gathered at private residences.  In the past three years there has been an increase in the number of complaints about noises resulting from the provision of sanitation and recycling services.  Most of these have come from neighborhoods adjacent to commercial districts.  Few complaints are received regarding the use of power equipment.  Reports of nuisance noises coming from commercial districts are rare, though some reports have been received from residents whose property boundaries adjoin commercial properties. 

 

A review of police department records indicates that it is likely that residential neighborhoods close to the University will continue to experience increased numbers of nuisances as the demand for rental housing in these neighborhoods increases.  The Town will have to expand its current enforcement and public education programs to address this issue.  Within the past year the police department has begun tracking all nuisance complaints for the purposes of notifying property owners, tenants and landlords of these nuisances.  This program has met with some success as property managers and owners of problem properties have taken responsibility for mitigating the nuisance problems.

 

Options:  Options for regulating nuisance noises are limited by the authority that the Town has over such issues. 

 

Recommendations: 

 

 

 

 

 

 

 

 

Impact statement:  Enforcement of ordinance sections applying to nuisance sounds will continue to be difficult.  However, increased public education and enforcement, together with continued communications with residents, property managers and property owners should have a positive impact on the number of nuisance sounds that occur.

 

Exemptions to Noise Control Regulations:

Section 11-40 of the current ordinance contains sixteen exemptions to the noise control code.  The exemptions include such things as University athletic events, aircraft noise, noise from Town street fairs, construction and landscape noises, and noise resulting from the provision of government services.

 

Discussion:  During the past four years of noise ordinance review, Section 11-40 has received considerable attention from citizens, members of the Noise Ordinance Study Committee, University officials, and Town staff.  Much of this attention has centered on noises resulting from the provision of government services, particularly sanitation and recycling services, and noises from the UNC power plant, both of which are exempted from regulation under the current ordinance.  Several citizens have expressed support for removing the exemption for sanitation services.  The Town’s Public Works Director has expressed the need to conduct some sanitation and public maintenance services prior to 7:00 a.m.

 

The University and residents of neighborhoods near the Cameron Avenue co-generation facility have been working together to come up with acceptable resolutions to the noise emanating from the plant.   The Town has also been communicating with residents about the noises resulting from sanitation and recycling services.  Many of these complaints concerned the time at which the services were being provided – some as early as 4:30 a.m.  Many of the violators were private contractors working for commercial property owners. 

 

The exemption for the provision of government services also allowed the Town and University to provide other services throughout the day and night.  Such services as street cleaning, road maintenance, landscaping, tree removal, and the Streetscape project could all be done at night or in the early morning hours.  Without the exemptions provided in Section 11-40, such projects would have been restricted to daytime hours by the nuisance section of the ordinance. 

 

We believe some changes in Section 11-40 are called for.  However, to totally remove the exemptions for government services would significantly impact the ability of the Town to provide effective services.  Some sanitation services must be provided before traffic and parking volumes increase during the morning commute.  It is impractical, and often dangerous, to paint street markings and to flush and sweep the streets during daytime hours.  Repairing roadways must often be done at night to prevent major traffic congestion and to protect the workers. 

 

The proposed ordinance does include some changes to Section 11-40.  The proposed ordinance continues the exemption for government services if those services are the result of an emergency or if they are necessary to maintain the public infrastructure.  Services provided by non-government agencies would also be exempted if resulting from an emergency.  Non-emergency services necessary to maintain the public infrastructure would be exempted only if the Town has first issued a permit.  Sanitation and recycling services would be exempted only between the hours of 5:30 a.m. and 11:00 p.m. and only if such services are provided in accordance with a permit issued by the Manager.         

 

No changes have been made to the hours during which landscape and construction operations are exempted.  Those services are exempted between the hours of 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. and 9:00 p.m. on weekends.  Note that such operations would not be prohibited during other times of the day however they would be subject to regulation under the nuisance section of the ordinance.  

 

Options:    

 

  1. Maintain current exemptions for sanitation services and other government services.

 

  1. Change the starting time for which sanitation and recycling services are exempted to 6:00 a.m.

 

  1. Change the starting time for which sanitation and recycling services are exempted to a later time.      

 

 

Recommendations:  

 

That the following changes be made to Section 11-40 of the current ordinance:

 

 

 

 

Impact statement:  Sanitation and recycling services will be restricted from beginning prior to 5:30 a.m. Any loading operations before that time, if reported as a nuisance, will be a violation of the nuisance ordinance.   Any negative impact on citizens could be mitigated through the development of service route plans that allow for sanitation and recycling services to be provided first in commercial districts that do not adjoin residential properties.  The Town can seek the same from non-government service providers through the permitting system recommended in the proposed ordinance. 

 

The Town currently issues permits for non-emergency work at night, including all utility work and street cuts.  No major impact is expected from this provision of the new ordinance.   

 

CONCLUSION

 

The recommendations noted herein have been included in a proposed noise ordinance to be submitted to the Town Council for review and comment on September 24, 2001.  Implementation of the new ordinance will likely take at least five months.  During this five-month period a new noise meter will be purchased, employees will be trained in the use of the meter, and a public education program will be developed and implemented.  An effective date of March 1, 2002 will be recommended to the Council.  

 

 

ATTACHMENT 3

 

MEMORANDUM

 

TO:                  W. Calvin Horton, Town Manager

 

FROM:            Bruce Heflin, Public Works Director

 

SUBJECT:       Effects on Solid Waste Programs of Changes in Starting Times

 

DATE:             September 24, 2001

 

 

You recently requested information relative to possible changes in starting times for Solid Waste services, specifically as they relate to the draft noise ordinance presently under consideration.  The following discussion relates to programs and services provided by the Solid Waste Services Division.

 

Current Practice

 

All Solid Waste Services Division services regularly start at or before 6:30 a.m. The following list indicates these specific services, with noise issues noted parenthetically.

 

·        Residential sanitation routes begin at 6:00 a.m. during summer months (usually from Memorial Day until Labor Day) and at 6:30 a.m. during fall/winter/spring months (running Power Take Off [the motor that operates the packing mechanism, which is powered by the truck’s engine] to operate packing blades; back up alarms)

 

·        Knuckleboom and hooklift units, both needed for yard waste pick-ups, begin routes at 6:00 a.m. in summer months and at 6:30 a.m. during fall/winter/spring months (back up alarm)

 

·        Bulky waste collections start at 6:00 a.m. in summer months and at 6:30 a.m. in the fall/winter/spring (back up alarms)

 

·        Downtown scooter route (serving street trash cans and miscellaneous collections in the downtown area) starts between 3:30 a.m. and 4:00 a.m. (back up alarm)

 

·        Commercial routes start at 5:30 a.m. (dumping containers; running Power Take Off to operate lifts and packing blades; back up alarms)

 

We note that backup alarms are required on garbage trucks by national safety regulations.

 

We begin residential collections at 6:00 in the summer to minimize the impact of hot weather on our collectors.  On days with high heat and humidity, and, increasingly poor air quality, we have endeavored to reduce the employees’ exposure to uncomfortable and/or unhealthy conditions.

 

We begin commercial operations at 5:30 to avoid conflicts with other vehicles and pedestrians and to improve our access to dumpsters.  Typically, the later in the day collections occur, the greater the risk of dumpsters being blocked by delivery vehicles, customers and staff at commercial establishments, visitors at apartments, student parking, etc.  If the collections begin later, it would take longer to complete the routes and we may not be able to empty all dumpsters before the landfill closes at 3:30.

 

Impact of Changing Starting Times to 6:00 or 6:30 a.m.

 

The impact of changes to starting times for solid waste services would vary between commercial services and other services. 

 

 

 

 

A start time of 6:00 a.m. or 6:30 a.m. primarily would affect the downtown area and selected businesses such as Wellspring Grocery on Elliott Road, where vendor deliveries would create special difficulties after 6:00 a. m.  Problems would be most significant in the downtown areas because of parking, vehicular traffic, potential conflicts with pedestrians, etc.  A starting time of either 6:00 a.m. or 6:30 a.m. would directly conflict with rush hour traffic, school bus routes and vendor deliveries.

 

We now service the downtown areas first each day and we need more than an hour to do so.  We already experience conflicts with vendors even with a starting time of 5:30 a.m.  If we made this change to either 6:00 a.m. or 6:30 a.m., then businesses would have to do more to ensure accessibility to containers.  Also, our exposure to accidents becomes greater as the day proceeds and the number of delivery vehicles, customer and staff parking and pedestrians increases.  One other impact on our services would be the inevitable conflict with private cardboard collections, some of which start as early as 3:00 a.m.  If the cardboard collection trucks also began their routes later, it would be difficult for our trucks to successfully collect the garbage dumpsters on the same pads at the same time in relatively small collection areas.

 

We believe the above discussion covers the major service impacts on our operations. Please advise if you have questions, or would like additional information.

 

 

                                                                                                                        

ATTACHMENT 4

 

 

September 24, 2001

 

 

To:                    Police Chief Gregg Jarvies

 

From:                Larry H. Royster, Ph.D.

                        Julia Doswell Royster, Ph.D.

 

Subject:            Proposed Chapel Hill Noise Control Code

 

We have reviewed the proposed Chapel Hill Noise Control Code and the supporting documents that will be presented to the Town Council on September 24, 2001.

 

It is our opinion that the proposed Noise Control Code adequately addresses most of the concerns expressed to date by the many different groups with whom we have had an opportunity to meet.  Though no noise ordinance can possibly regulate all sounds present in a community the proposed code does provide comprehensive regulation over the majority of sounds that prove bothersome to residents of a town such as Chapel Hill.  The proposed ordinance also provides adequate opportunities for business, institutional and commercial establishments to carry out their normal and expected functions.

 

In addition to adopting a new ordinance, we recommend that the Town also consider implementing a public education program to help prevent or mitigate future noise concerns before they become problems.  We recommend that the Town support three additional recommendations:

 

1.       That a section on community noise issues be included on the Town’s web site.

 

2.       That planning and site review procedures for new facilities under the development ordinance include a requirement that an estimate of the noise that a facility will produce at its boundary planes be provided.

 

3.       That a simple program covering noise related issues (annoyance, hearing damage, etc.) be included in the local school system’s educational curriculum.

In addition to these three long-range goals we also recommend that, because of the breadth and scope of this proposed ordinance, the Town undertake a comprehensive public education program prior to implementation and enforcement of the ordinance.

 

Consistent with our mandate we have assisted the Town staff in developing what we believe is a coherent and scientifically well-founded ordinance.  We believethat the proposed ordinance will help citizens to enjoy the use of their own property without interference from annoying sounds and noise sources.     

 

Therefore it is our recommendation that the Chapel Hill Town Council adopt the proposed Noise Control Ordinance.