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Henderson County Sheriff Page 3 of 4 <br /> 14 <br /> (3) Noise associated with any legal operations of any firearms club,or association <br /> legally established. <br /> (4) Noise caused by the discharge of firearms by law enforcement officers in the <br /> performance of their official duties or during the course of official firearms training. <br /> (5)Noise resulting from farming operations,including but not limited to noises <br /> generated by machinery, equipment and farm animals. <br /> (6) Noise associated with any event held in recognition of a community celebration of <br /> national,state or county events or public festivals. <br /> (7) Noise associated with any public or private school activity or camp activity(defined <br /> as any function or activity approved by or generally associated with any recognized <br /> public or <br /> private camp for children accredited by the American Camp Association, but not <br /> including <br /> activities associated with campgrounds available to the public for overnight camping), <br /> except <br /> that it shall be unlawful for any person to use any unreasonably loud,disturbing, <br /> boisterous, <br /> raucous language or shouting in violent or offensive manner while attending such <br /> activities. <br /> (8) Noise associated with the chimes or bells of businesses,schools,camps or religious <br /> institutions in the daytime hours, provided that they operate for no more than 10 <br /> minutes in any <br /> hour. <br /> (9) Non-amplified crowd noise resulting from activities by student,government,camp <br /> or community groups. <br /> (10)Noise associated with or resulting from operations of any construction, <br /> commercial, <br /> industrial or agricultural activities or operations,except for electronically amplified <br /> sound and <br /> acts prohibited by Section 125A-3. <br /> (8)If any exceptions stated in this Chapter would limit obligation, limit liability or <br /> eliminate <br /> either an obligation or a liability,the person who would benefit from the application of <br /> the <br /> exception shall have the burden of proving that the exception applies and that the <br /> terms of the <br /> exception have been met. <br /> Sec. 125A-5 Noise Complaint Procedure <br /> In the event any person has reasonable grounds for believing that any provision of this <br /> Chapter is <br /> being violated, he may make a report thereof to the Henderson County Sheriff's <br /> Department, <br /> which shall investigate the alleged violation.If any such investigation reveals a <br /> violation,the <br /> investigating deputy has the authority to cause a written complaint to be made,and <br /> may obtain <br /> criminal process for violation thereof, may issue a citation for a civil penalty,and may <br /> obtain <br /> other enforcement measure as allowed In this Chapter.Criminal process for violation of <br /> this <br /> Chapter may only be obtained by personnel from the Henderson County Sheriff's <br /> Department, <br /> Sec. 125A-6 Violations and penalties,enforcement. <br /> This chapter shall be enforced in accordance with any and all of the provisions of N.C. <br /> Gen.Stat. <br /> §153A-123,and of Article II of Chapter I of the Henderson County Code. <br /> In the case of second or subsequent violations of Sec. 125A-3(b)(3),any animal which <br /> upon <br /> investigation by deputy Sheriff is found to be creating the noise which causes the <br /> violation of <br /> Sec. 125A-3(b)(3) may in the discretion of such deputy be impounded by the Sheriff's <br /> Department and confined in the county animal shelter in a humane manner until the <br /> next <br /> business day for the shelter.The owner of such animal may redeem the animal upon <br /> payment of <br /> applicable fees. If the animal is not redeemed within five days of impoundment,then <br /> such <br /> animal may be offered for adoption or destroyed in a humane manner pursuant to <br /> Section 66A- <br /> 14 of the Henderson County Code. Impoundment of such an animal shall not relieve <br /> the owner <br /> thereof from any penalty,civil or criminal,which may be imposed for violation of this <br /> chapter. <br /> Any Deputy Sheriff of Henderson County,having first investigated this matter pursuant <br /> to Sec. <br /> 125A-5, may obtain criminal process for violation of this Chapter.A violation of any <br /> noise <br /> http://www.hendersoncountync.org/sheriff/noise ordinance.html R/1/7016 <br />