Agenda 09-16-2025; 8-h - Amendments to the Noise Ordinance - Second Consideration

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 16, 2025 Action Agenda Item No. 8-h SUBJECT: Amendments to the Noise Ordinance — Second Consideration DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Chapter 16, Article III — Redlined John Roberts, 919-245-2318 Amendments Resolution of Amendment PURPOSE: To approve on second consideration and approve a resolution adopting amendments to Chapter 16, Article III, Noise Ordinance, of the Orange County Code of Ordinances. (The Board approved the amendments on first consideration at the September 4, 2025 Business meeting. Two considerations are required due to the fact that this Ordinance includes a criminal penalty for violations and thereby the amendments must be considered at two (2) meetings prior to final approval.) BACKGROUND: For the last 10-15 years the North Carolina General Assembly has greatly expanded the definition of what is considered to be agriculture in the state by including the term "agritourism" within the term "agriculture." The expansion of agritourism has greatly benefited North Carolina farmers by allowing a wide array of new uses on farm property while simultaneously prohiting zoning regulation of those new uses. Some activities adjacent to agritourism such as loud music, amplified noise, fireworks, etc., while perhaps appropriate in more urban settings, are not appropriate in rural settings among working farms. North Carolina General Statute 106-701 generally prohibits local governments from enforcing nuisance ordinances against "agricultural and forestry operations." The statute defines "agricultural operation" as "any facility for the production for commercial purposes of crops, a Type compost facility, livestock, poultry, livestock products, or poultry products. Production for commercial purposes of livestock includes the rearing, feeding, training, caring, boarding, and managing of horses." It defines "forestry operation" as "those activities involved in the growing, managing, and harvesting of trees." This definition does not appear to encompass agritourism activities. One non-substantive change from the first consideration is found in section 16-52 replacing "use of" with "use" for grammatical consistency. To alleviate the burden some agritourism adjacent activities create for neighboring farms and residents, County staff recommend clarifying that certain noise producing activities are not exempt from the County's Noise Ordinance. The Sheriff was consulted on this item because the Office of the Sheriff is the enforcing agency of the Noise Ordinance. FINANCIAL IMPACT: There is no financial impact associated with this item.