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Henderson County Sheriff Page 1 of 4 <br /> 12 <br /> Q Sheriff 100 North Grove Street,He <br /> I Henderson County Noise Ordinance <br /> Noise Ordinance <br /> Pamphlet <br /> Chapter 125 of the Henderson County Code is hereby amended by striking the same. <br /> A new Chapter 125A of the Henderson County Code is ordained,as follows: <br /> Chapter 125A: NOISE <br /> Sec.125A-1.Authority,title. <br /> This Chapter is hereby adopted under the power and authority granted to counties by <br /> N.C.G.S, <br /> 153A-121 and N.C.G.S. 153A-133,and shall be known and may be cited as the <br /> "Henderson <br /> County Noise Ordinance." <br /> Sec. 125A-2 Jurisdiction. <br /> This chapter shall apply to all unincorporated areas of Henderson County and to those <br /> incorporated areas of any city or town specifically requesting Its enforcement by <br /> Henderson <br /> County upon the consent of the Henderson County Board of Commissioners.(In <br /> making such a <br /> request,the city or town must comply with the requirements of N.C.G,S. 153A-122.) <br /> Sec. 125A-3 Loud and disturbing noise. <br /> (A)Subject to the provisions of this section,it is prohibited In Henderson County to <br /> create, <br /> cause or allow the continuance of any unreasonably loud,disturbing noise. Noise of <br /> such <br /> character,intensity and duration as to be detrimental to the health,safety or welfare <br /> of any <br /> reasonable person of ordinary firmness and sensibilities In the vicinity is prohibited. For <br /> the <br /> purposes of this section,the following definitions shall apply: <br /> (1)Unreasonably Loud.Noise which is substantially incompatible with the time and <br /> location where created to the extent that it creates an actual or imminent interference <br /> with peace <br /> and good order. <br /> (2)Disturbing.Noise which is perceived by a person of ordinary firmness and <br /> sensibilities as interrupting the normal peace and calm of the area, <br /> In determining whether a noise is unreasonably loud and disturbing,the following <br /> factors <br /> incident to such noise are to be considered:Time of day;proximity to residential <br /> structures; <br /> whether the noise is recurrent,intermittent or constant; the volume and intensity; <br /> whether the <br /> noise has been enhanced in volume or range by any type of mechanical means; the <br /> nature and <br /> zoning of the area;whether the noise Is related to the normal operation of a business <br /> or other <br /> labor activity or is the result of some use for individual purposes;and whether the <br /> noise is <br /> subject to being controlled without unreasonable effort or expense to the creator <br /> thereof. <br /> (8)The following acts,among others,are declared to be loud and disturbing in <br /> violation of <br /> this section if they annoy or disturb the quiet,comfort or repose of any reasonable <br /> person of <br /> ordinary firmness and sensibilities In the vicinity where created,caused,or continued, <br /> but this <br /> enumeration shall not be deemed to be exclusive. <br /> (1)The use of any loud,boisterous or raucous language,yelling,or shouting,whether <br /> or not amplified. <br /> (2)The congregation of persons at and participation In any party or gathering of <br /> people <br /> from which noise emanates of a sufficient volume or of such nature as to disturb the <br /> peace,quiet <br /> and comfort of any reasonable person of ordinary firmness and sensibilities in the <br /> vicinity, <br /> http://www.hendersoncountync.org/sheriff/noise ordinance.html R/1/71)16 <br />