§ 5.5-28. Noise control.

(a)

Purpose. This section is enacted to protect, preserve and promote the health, safety and welfare of the citizens of Meriwether County through the control of noise. It is the intent of this section to establish standards that will reduce excessive community noises, which are harmful and otherwise detrimental to individuals and to the community in the enjoyment of life and property and in the conduct of business.

(b)

Sound measurement standards for law enforcement personnel. For the purposes of this section 5.5-28, "plainly audible" shall mean any sound emanating from the specific sound-producing sources set forth below which can be heard from the distances set forth below, using the following sound measurement standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the required minimum distance from the source of the sound. For music and other noise, words and phrases need not be discernable. For music and other noise, bass reverberations are included.

(c)

Prohibited conduct.

(1)

Restrictions of 300 feet for 7:00 a.m. through 8:00 p.m. Sunday through Thursday and 7:00 a.m. through 9:00 p.m. on Friday and Saturday.

a.

Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate or permit to be played, used or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet of more from the building, structure or vehicle, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday.

b.

Human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday.

c.

Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday.

d.

Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or social event to produce noise in such a manner that such noise is plainly audible at a distance of 300 feet or more from the building or structure from which the noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday. For the purposes of this subsection, a "person in charge of a party or other social event" shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any combination thereof, as described in paragraphs a. and b. above.

(2)

Restrictions of 100 feet for 8:00 p.m. through 7:00 a.m. Sunday through Thursday and 9:00 p.m. through 7 a.m. on Friday and Saturday.

a.

Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate or permit to be played, used or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet of more from the building, structure or vehicle, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday.

b.

Human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday.

c.

Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday.

d.

Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or social event to produce noise in such a manner that such noise is plainly audible at a distance of 100 feet or more from the building or structure from which the noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday. For the purposes of this subsection, a "person in charge of a party or other social event" shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any combination thereof, as described in paragraphs a. and b. above.

(3)

Exclusions. The prohibitions of this section shall not apply to the following:

a.

Noises or sounds caused to be made by manufacturing or governmental entities in the normal course of their business;

b.

Sound volumes produced by radio, tape player, or other mechanical sound making device or instrument from within a motor vehicle on a street or highway, which sound is controlled by O.C.G.A. § 40-6-14;

c.

Noises or sounds made by law enforcement and other public safety officials performing their public functions;

d.

Noises or sounds made by domestic animals;

e.

Noises or sounds made by livestock;

f.

Noises or sounds emanating from any official elementary or secondary school event (public, private, or parochial school) on property for which a school is an authorized use established in appendix A zoning ordinance as amended 2006;

g.

Noises or sounds made between the hours of 6:00 a.m. and 9:00 p.m. emanating from any authorized use in the agricultural district (A-1) established in appendix A zoning ordinance as amended 2006;

h.

Noises or sounds made by irrigation equipment or spraying equipment;

i.

Noises or sounds made during a state of emergency declared pursuant to section 6-4 of the Code of Ordinances, Meriwether County, Georgia.

j.

Noises or sounds made between the hours of 6:00 a.m. and 9:00 p.m. by use of tractors, motorized vehicles, or motorized landscape maintenance devices (including, but not limited to, leaf blowers, lawn mowers, or chain saws);

k.

Construction noise of any type (including, but not limited to, erection, excavation, demolition, alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane, saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any similar equipment) made between the hours of 6:00 a.m. and 9 p.m.; or

l.

Noises or sounds caused by authorized uses in the industrial district (I), commercial industrial district (CID), and planned industrial district (PID) established in appendix A zoning ordinance as amended 2006.

(d)

Penalties. Any person violating the provisions of this section shall be punished as provided by Section 1-11 of the Code of Ordinances, Meriwether County, Georgia.

(e)

Severability clause. A determination of the invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, subsection or part of this section shall not affect the validity of the remaining parts of this section.

(Ord. No. 2012-03, 3-27-12)