Agenda - 05-17-2005-9c - Laserfiche WebLink

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There is a problem with the references in Articles 5 and 6. The Sheriff commented that at this time, that they are not having a whole lot of problems with enforcement, Vehicles, loud music, and parties and things of that nature are the main concerns. The proposed changes will allow something with which the Sheriffs Office can work. Citizen Comments: Citizen #1. The terms "reasonable", "detrimental," and the like are in the ear of the beholder and are not legal or often practical, The trucks on US 70 at Lawrence Road are prohibited from driving through the Town of Hillsborough, They gear down or are accelerating up the hill, There are up to fifteen trucks per hour traveling along the road, according a recent NCDOT traffic count. Remove the muffler provision exemption from the noise control ordinance. This will give citizens a vehicle for relief, Citizen #2, Support for the noise ordinance, but she does have problems with go-cart racing as late as 10 or 11:00 p,m, at night. Complaints on these activities have resulted in vandalism. With her own noise meter, she took a reading of 77 d6(A) at her home from the go-carts. A lawn mower has a 68 d6(A) reading. The ordinance would help create a better quality of life, Citizen #3. What is the process? When will the Commissioners consider the ordinance again? This is a public hearing. The Commissioners will direct staff to address the issues. Will the hearing be closed tonight? Is the proposed ordinance complaint driven and will the noise levels be raised? You should first give people warnings, how would they know they are causing a noise problem? Will you re- evaluate the ordinance in twelve months? The ordinance is complaint driven and a citizen would call the sheriffs office, Staff will re-evaluate the ordinance every five to seven years, as new technology emerges. Citizen #4. He is a motor cross racer. People move to the country because that is where we can make noise. We cannot race in the city. Will the measurement be made at a property line where nobody lives? We do not want to hurt anybody. Citizen #5, Generally supports the ordinance, Refuse trucks in the neighborhood in the very early morning, Would hope that 7:00 a,m, would be the standard for such activities in residential neighborhoods. A number of state NCDOT pre-emption issues, particularly safety requirements will be reviewed by the attorney's office, According to the County Attorney, the County cannot regulate in areas the state has pre-empted. Truck equipment and muffling regulations are state safety laws, There is a difference between regulating sound on private property and regulating sound on the NCDOT streets. It may be a good idea to use the reasonable person standard with a minimum sound threshold. If the court said this is too vague, then we can provide another option.