To: Mayor J.B. Lawrence and Blowing Rock Town Council

From: Kevin Rothrock, Planning Director

Subject: Ord. 2008-13 Noise Ordinance Amendment

Date: September 2, 2008

Upon request by Town Council, the Planning Board reviewed the current Noise Ordinance and recommended changes with respect to exemptions for construction hours and other minor changes to reflect consistency in the ordinance. In summary, the Planning Board recommended that construction hours on Sundays and holidays be limited to 1:00 PM to 9:00 PM. The Planning Board also recommended that the noise from parties be limited from 11:00 PM to 7:00 AM, consistent with other ordinance timeframes, and that noise from disposing of garbage and recyclables be restricted beyond 11:00 PM. See highlighted changes below:

· Section 5-1.5 Exceptions

(A) The following are exempt from the provisions of this section:

(1) Construction operations and/or sanitation services from 7:00 a.m. to 9:00 p.m Mondays through Saturdays, and from 1:00 p.m.to 9:00 p.m. on Sundays and holidays observed by Town government, for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of the government; providing all equipment is operated in accord with manufacturer’s mufflers and noise-reducing equipment is in use and in proper operating condition.

• (11) Raucous parties. Any party or assembly of persons in dwelling units or on residential premises producing loud and raucous noise, particularly after between 11:00 p.m. and 7:00 a.m., or at any time or place in such a manner that tends to disturb the comfort, quiet, or repose of persons in other dwelling units or on other residential premises. The person in possession of the premises where such a party or assembly of persons takes place shall be deemed responsible for the emission of loud and raucous noises under this subdivision.

• Loading, unloading, or opening boxes, etc. The creation of a loud and excessive noise in connection with loading or unloading any vehicle, or the opening and destruction of bales, crates, and containers, or the disposal/collection of garbage or recyclables between the hours of 11:00 p.m. and 7:00 a.m.

In the attached draft ordinance, proposed text has been underlined, while deleted text has been crossed out.