§ 11-22. Noises and noise activities expressly prohibited.

The following specific acts and activities, among others, are declared to be loud and disturbing noises in violation of this article, but such enumeration shall not be deemed to be exclusive:

(a)

Vehicle horns, signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal when another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unreasonable period of time shall be deemed to be unlawful and a violation of the provisions of this article.

(b)

Vehicle gongs, sirens. The use of any gong or siren upon any vehicle, other than a police, fire or emergency vehicle, shall be deemed to be unlawful and a violation of the provisions of this article.

(c)

Unreasonable sound amplification. It shall be unlawful for any person to play, use or otherwise operate any television, radio, musical instrument, sound reproduction or playback device or other sound amplification equipment which emits sound that is audible from a distance of fifty (50) or more feet from the source of the sound or anywhere within the boundary line of the nearest residentially occupied property, unless such sound is being emitted to request assistance, warn against an unsafe condition or is otherwise exempted as provided in section 11-26 or as otherwise permitted herein.

(d)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work or as a warning of danger, shall be deemed to be unlawful and a violation of the provisions of this article.

(e)

Engine exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, shall be deemed to be unlawful and a violation of the provisions of this article.

(f)

Compressed air devices. The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced, shall be deemed to be unlawful and a violation of the provisions of this article.

(g)

Construction. The erection, including excavation, demolition, alteration or other construction of or to any building or structure in a residential or business district shall be deemed to be unlawful and a violation of the provisions of this article except under the following conditions:

1.

Emergency repairs to utilities.

2.

Construction or repairs of urgent necessity in the interest of public safety.

3.

Construction operations for which an unexpired building permit has been issued or for which no permit is required, conducted between 7:00 a.m. to 9:00 p.m. on weekdays or between 8:00 a.m. to 9:00 p.m. on Saturday and Sunday as long as all equipment used is operated in accordance with the manufacturer's specifications and with all standard equipment, manufacturer's mufflers and noise reduction equipment in use and in proper operating condition.

4.

Construction by or on behalf of the City of Kannapolis authorized by the city manager or his designees which is deemed by him to be in the public interest, safety or welfare.

(h)

School, court, hospital zones. The creation of any unreasonable or disturbing noise on any street adjacent to any school or institution of learning while the school or institution of learning is in session, provided conspicuous signs are displayed in such street indicating that the street is a school street, shall be deemed to be unlawful and a violation of the provisions of this article.

(i)

Church zones. The creation of any unreasonable or disturbing noise on Sundays on any street adjacent to any church, provided conspicuous signs are displayed clearly visible from the street indicating that a building is a church, shall be deemed to be unlawful and a violation of the provisions of this article.

(j)

Loading and unloading. The creation of loud and disturbing noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers shall be deemed to be unlawful and a violation of the provisions of this article.

(k)

Bells, gongs on buildings. The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof shall be deemed to be unlawful and a violation of the provisions of this article.

(l)

Shouting by peddlers, hawkers, others. The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood shall be deemed to be unlawful and a violation of the provisions of this article.

(m)

Use of loudspeaker or similar device in merchandising. It shall be unlawful for any person to use any drum, stationary loudspeaker or other like device for the purpose of attracting attention by creation of noise to any performance, show, or sale or display of merchandise.

(n)

Loudspeakers or amplifiers on vehicles. The use of any mechanical loudspeakers or amplifiers on moving vehicles for advertising or other purposes.

(o)

Garages; filling stations. The conducting, operating or maintaining of any garage or service station so as to cause unreasonable or disturbing noises that are audible anywhere within the boundary line of the nearest residentially occupied property between the hours of 9:00 p.m. and 7:00 a.m. shall be deemed to be unlawful and a violation of the provisions of this article.

(p)

Sounds impacting residential life. It shall be unlawful to conduct or carry on the following activities which create unreasonably loud and disturbing noises in any residentially zoned area of the city or within three hundred (300) feet of any residentially occupied structure in any zone of the city between the hours of 9:00 p.m. and 7:00 a.m.:

1.

Operate refuse collection machinery.

2.

Operate construction.

3.

Operate garage machinery.

4.

Operate lawn mowers or other domestic tools.

5.

Creation of mechanical noise.

6.

Creation of motor vehicle noise.

(Ord. of 8-1-2000, § 2)