Barking dog? Loud Party? What to know about Noise Nuisance and City Ordinances in Graham NC

The views, thoughts, and opinions expressed are solely those of the author, and information provided is for entertainment purposes (see disclaimer)

 

How to Report a Noise Complaint

For any request that requires the response of a police officer is 9-1-1.

1) Call 911

2) Immediately let the operator know: “This is a non-ememgency call”.

3) Report the barking dog / loud party / etc. You will be asked the address of the property where the noise is, a few specifics about what the problem is. They will also ask for your number. Please note, in my experience this is optional, and you can request to stay anonomous.

In case you are hesitant to call 911 to report a noise violation – It was drilled into me as a child that 911 was only for emergencies and to never call it unless someone was in danger. I was surprised to learn that the correct number to call for any request that requires the response of a police officer, including reporting a noise ordinance violation, is 9-1-1. Graham is part of Alamance County’s “CCOM” call-center. According to their website, “Central Communications processes emergency and non-emergency calls for service for Alamance County and provides radio dispatch for County and Municipal Fire, Rescue, Law Enforcement, and Ambulance services (Burlington Police and Fire excluded)”.

 

Curious what the local laws have to say about noisy neighbors and irritating situations? Here are a few noisy F.A.Q’s about living in Graham NC.

 

Q: Can my neighbors pet bark late at night?  What about during the day?

A: No, not if it can be clearly heard from 50 feet away. The ordiance says: “The owning, keeping, or harboring of any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which disturb the reasonable comfort and peace of any person in the vicinity by creating a loud and raucous noise.” (See Sec 12-9 Unnecessary and disturbing noise: (c) Unlawful Acts (5))

Q: Can my neighbor mow the lawn at 8:30pm after my kid’s have gone to bed?

A: Yes, as long as they are done by 9pm. (See Exemptions Sec 12-10(9))

Q: Can constructon workers start hammering at 7am, waking me up on a Saturday morning?

A: Unfortunately, yes. Construction operations are exempt from noise ordinances from 7:00 a.m. to 9:00 p.m. for which building permits have been issued or for construction operations not requiring permits. (See Exemptions Sec 12-10(2)) 

 

Go to the source: What does the actual ordinance say?

It’s a great idea to familiarize yourself with Sec. 12-9. – Unnecessary and disturbing noise. It will help you be a better neighbor by understanding what kinds of noises might not be appreciated by your neighbors; along with what types of noise annoyances that the police department or city staff might be able to help you with. 

You can find the full text of Graham’s Municipal Ordinances here, and the specific section on noise ordinances here.

 

From the Graham NC Code Of Ordinances:

Sec. 12-9. – Unnecessary and disturbing noise.
(a)

Subject to the provisions of this section, it shall be unlawful for any person to make, permit, continue or cause to be made, or created any unnecessary noise or disturbing noise clearly audible at a distance of more than 50 feet from the source of the noise upon any streets or roads, in any public park, in any school or public building, or upon the grounds thereof while in use, in any parking lot open to members of the public, or open to members of the public as invitees, licensees or permittees of a business, or in any residential dwelling unit or upon the grounds thereof within the city. Fifty feet shall be measured in a straight line from the source of the noise. For purposes of this section, the following definitions shall apply:

Disturbing noise means sound which is unreasonably loud, raucous or jarring because of its volume level, duration, and character which annoys, disturbs, injures, interferes or threatens the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the city limits.

Unnecessary noise means sound which is substantially incompatible with the time and location where created to the extent it is perceived to offend a person of ordinary sensibilities as interrupting or interfering with peace, calm or good order of the area where the noise is created.

(b)

In determination of whether a noise is unnecessary or disturbing, consideration shall be given to:

(1)

The time of day;

(2)

The character and zoning of the area;

(3)

Whether the noise is related to a business or other labor activity;

(4)

The volume and intensity;

(5)

Whether the noise is recurrent, intermittent or constant;

(6)

Whether the noise has been enhanced by any electronic or mechanical means; and

(7)

Whether the noise is subject to being controlled without unreasonable effort by the creator of the noise.

A violation of this section does not require that each factor be applicable to the unnecessary or disturbing noise.

(c)

Unlawful acts. The following acts, among others, are declared to be unnecessary and disturbing noises, but this list of acts shall not be deemed to be exclusive:

(1)

The use or operation of any mechanical or electrical device, apparatus, or instrument to amplify, intensify, or reproduce the human voice, or to produce, reproduce, intensify, or amplify any other sounds when the sound from such activity is clearly audible more than 50 feet from the device, apparatus, or instrument.

(2)

The playing or operation of any radio, cassette tape player, compact disc player, or any other sound-producing instrument, device, or apparatus installed or located in a motor vehicle when the speaker volume is elevated to such an extent that the sound is clearly audible more than 50 feet from the vehicle. The provisions of this subsection shall apply regardless of whether the vehicle is traveling upon the streets of the city, parked on public or private property, or stopped in traffic.

(3)

The sounding of any horn or signal device on any automobile, motorcycle, bicycle, bus, or other vehicle, except as a danger signal, so as to create an unreasonably loud or harsh sound, or the sounding of such device for an unreasonable period of time, or the use of siren horns on bicycles, automobiles, or other vehicles except upon automobiles and other apparatus of the police and fire departments or upon authorized emergency service vehicles.

(4)

The playing of any radio, cassette tape player, compact disc player, phonograph, or mechanical or nonmechanical musical or sound-producing instrument in such a manner or with such volume that the sound therefrom creates a loud and raucous noise.

(5)

The owning, keeping, or harboring of any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which disturb the reasonable comfort and peace of any person in the vicinity by creating a loud and raucous noise.

(6)

The use of any automobile, motorcycle or vehicle so out of repair or so loaded, or in such manner or combination with other vehicles as to create by virtue of its grating, grinding, or rattling sound, a loud and raucous noise.

(7)

The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.

(d)

Enforcement and penalties.

(1)

Civil penalty. Violation of this section shall subject the offender to a civil penalty in the amount of $50.00.

(2)

Criminal penalty. In addition to, or in lieu of, such civil penalties or other remedies, violation of this section shall constitute a misdemeanor, pursuant to G.S. 160A-175 and G.S. 14-4, as amended, punishable for each day the violation continues by a fine of up to $500.00.

(Code 1978, ch. L, art. VI, § 1; Code 1983, § 8-15; Ord. of 10-4-1994)

 

 

 

Sec. 12-10. – Exemptions.

The following sound or noise is exempt from regulation by section 12-9:

(1)

Sound emanating from scheduled outdoor athletic events.

(2)

Construction operations from 7:00 a.m. to 9:00 p.m. for which building permits have been issued or construction operations not requiring permits, providing all equipment is operated in accord with the manufacturer’s specification and with all standard equipment, manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition.

(3)

Noise of safety signals, warning devices, emergency pressure relief valves and all church bells.

(4)

Noise resulting from any authorized emergency vehicle or vehicle used by an employee or volunteer of the fire department or police department in fulfilling his duties as an employee or volunteer.

(5)

Noise resulting from parades, exhibitions, lawful picketing or other public demonstrations protected by the United States Constitution or federal law or for which a local permit has been granted by the city.

(6)

Unamplified and amplified sound at events, conducted, sponsored or sanctioned by the city or its’ lessees.

(7)

All noises coming from the normal operations of properly equipped aircraft (not including scale model aircraft).

(8)

Noise from noisemakers on holidays and fireworks on holidays or at times allowed under a pyrotechnics permit issued pursuant to Article 54, Chapter 14 of the General Statutes of North Carolina (G.S. 14-410 et seq.).

(9)

Lawnmower and agricultural equipment used between 7:00 a.m. and 9:00 p.m. when the equipment in use is in proper operating condition.

(10)

Unamplified and amplified sound at community concerts, conducted, sponsored or sanctioned by the city.

(11)

Practices or performances by marching bands.

(12)

Noise from trains and associated railroad rolling stock, when operated in proper repair and manner.

(13)

Emergency work necessary to protect life or property.

(Code 1978, ch. L, art. VI, § 2; Code 1983, § 8-16; Ord. of 10-4-1994) 

Additional Questions?

For the most current information, please contact the City of Graham: https://www.cityofgraham.com