Ordinance Targets Neighborhood Noise

WATAUGA COUNTY, N.C.,None — Changes to the town of Boone's noise ordinance could mean quieter parties and "peaceful neighborhoods."

That's the goal of the changes, which set quiet hours between 10 p.m. and 6 a.m. in town limits, made by the Boone Town Council Thursday.

"This does not bar parties, it bars parties that are audible at that time," town attorney Sam Furgiuele said.

While businesses can apply for permits to exceed the hour restrictions (for playing music outside until 11 p.m. and inside until 2 a.m.), no such permit for private residences exists in the ordinance.

"I think we need to be a bit flexible and allow private residences to apply for a permit to exceed the ordinances," council member Andy Ball said, adding that the council should explore that option in future discussions.

Boone Police Chief Dana Crawford said the ordinance changes resulted from confusion over noise ordinance enforcement at a party last year.

"There were several complaints we were trying to address and it got quite confusing," he said.

Restricted noises aren't limited to parties. Excessive noise that would "disturb a person of reasonable sensibilities within his or her temporary or usual place of abode or place of employment" is restricted in the ordinance.

Sounds specifically cited include excessive noise in connection to loading, unloading or opening boxes, alarms not discontinued promptly, outdoor music, animal noises, excessive vehicle noise, yelling, outdoor radios, non-emergency sirens, horns and signaling devices. Construction activity not conducted by a government entity or authorized by the town council are also restricted between 10 p.m. and 6 a.m. in the ordinance, as are fireworks, musical instruments and airbrake noises.

"This isn't if you're just standing at the curb and people are just banging things around," Furgiuele said. "The police would have to determine that it's excessive in some way … and filtering into people's homes."

People found in violation of the ordinance could receive a warning, unless the noise is clearly intended to disturb someone else, Furgiuele said.

A first offense could, the ordinance reads, result in a $100 fine. A second violation within a 12-month period could mean a $200 fine, with each subsequent violation ending in a $500 fine.

Under the new ordinance, both the landlord and a renter could be responsible for fines incurred. In order to avoid a fine, a landlord would have to provide a clause in the lease that offending tenants refrain from activities that violate the ordinance. In incidents of excessive noise at parties, "all persons present shall be liable for the appropriate civil penalties," the ordinance states. Businesses that violate their permit could have the permit revoked for 24 months.

Council member Stephen Phillips asked about pre-planned events, such as Appalachian State University football games that might surpass the 10 p.m. restriction. The proposal was amended to allow noise until 11 p.m. on game days.

"I think 11 o'clock sounds good to me for that one item," council member Jamie Leigh said.

Businesses are already supposed to get permits to surpass the 10 p.m. to 6 a.m. window, but, according to Crawford, they don't always follow this in practice.

"This is not normally an issue but when it's bad, it's a big problem for us," he said.

No one from the public spoke at the public hearing on the ordinance.

The revised ordinance passed unanimously.

WSOC