ORDINANCE AMENDING NOISE ORDINANCE
Article III of Chapter 2-9 of the Wake County Code of Ordinances is amended as follows:
Section 1. Section 2-9-37 is amended to delete the definition of “Sound-magnifying
device” and to substitute therefore the following:
“Sound-magnifying Device. Any device or machine for the amplification ofthe human
voice, music or any other sound. “Sound magnifying device” shall not include factory-installed
automobile radios when used and heard only by occupants ofthe vehicle in which the device was
installed; warning devices on police, fire, ambulance or other emergency vehicles emergency
vehicles or vehicles used solely fortraffic safety purposes; or horns or steam whistles which are
used forpurposes authorized by sections 2-9-41(a) and (e) respectively.”
Section 2. Section 2-9-38 is amended to read as follows:
“Sec. 2-9-38
(a) It shall be unlawful for any person to cause or allow the emission ofany unreasonable
loud, disturbing and unnecessary noise in the county. Specifically, it shall be unlawful to create
or emit noise of such character, intensity or duration as to be detrimental to the health ofany
individual or that is above the sound emission decibel limits set forth herein.
(b) It shall be unlawful to play any radio, music player, television, audio system or
musical instrument in such a manner or at such volume as to annoy or disturb the quiet, comfort
or repose ofneighboring inhabitants or at a volume which is plainly audible to persons other than
those who are in the premises in which such device or instrument is played and who are
voluntary listeners thereto.
(c) Except for organized events which have received any type of permit required in
conjunction with the event, it shall be unlawful to play any radio, music player, television or
audio system upon a public right of way or upon other public property in such a manner or at
such a volume as to disturb the quiet, comfort or repose of other persons.”
Section 3. There is added a new section 2-9-38.1, to read as follows:
“Sec. 2-9-38.1 No person shall play any radio, music player or audio system in a motor
vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume
which is plainly audible to persons other than the occupants of said vehicle.”
Section 4. There is added a new section 2-9-38.2 to read as follows:
“Sec. 2-9-38.2
(a) No sound magnifying device mounted on a vehicle shall be operated between the
hours of 8:00 p.m. and 10:00 a.m. or at any time within five hundred (500) feet of any school,
church or hospital in such a manner or at a volume which is plainly audible to persons other than
the occupants of said vehicle.
(b) No sound magnifying device mounted on a vehicle shall be operated on a Sunday;
provided that any such device may be operated in substitution for a band as part of a parade held
after 1:00 p.m. on Sunday under the auspices of any organization authorized to hold such a
parade, if the permit issued for suchparade so indicates.
(c) The provisions of this Article do not apply to sound magnifying devices mounted on
emergency vehicles owned and controlled by any governmental entity or to private ambulances
which are engaged in responding to emergency calls.”
Section 5. Section 2-9-42 is amended to read as follows:
“Sec. 2-9-42. The complaints of two (2) or more persons, at least one of whom resides in
a different home from the other complaining person or persons, or the complaint of a duly
authorized investigating person, shall be prima facie evidence that such sound is unreasonably
loud, disturbing, and annoying or unnecessary noise. Sound emission decibel measurements
shall not be required for establishment ofa prima facie case.”
Sec. 6. This ordinance is effective upon enactment.