ARTICLE IV. NOISE*

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*Editor's note:  Amendment of Oct. 20, 2003, repealed the former Art. IV., §§ 34-151--34-158, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 80, adopted May 5, 1998. 

State law references:  Limits on sound volume produced by radio, tape player or other mechanical sound-making device or instrument from within motor vehicle, O.C.G.A. § 40-6-14; sale of muffler which causes excessive noise prohibited, O.C.G.A. § 40-8-71(c); nuisances, O.C.G.A. § 41-1-1 et seq.; jurisdiction of municipal court or magistrate court to abate nuisances, O.C.G.A. § 41-2-5. 

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Sec. 34-151. Findings.

(a)   The Constitution of the State of Georgia, approved by the voters of the state in November 1982, and effective July 1, 1983, provides in article IX, section II, paragraph I thereof, that the governing authority of the county may adopt clearly reasonable ordinances, resolutions and regulations.

(b)   O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting and preserving the public health, safety and welfare of the population of the unincorporated areas of the county.

(c)   The board of commissioners is desirous of executing its authority in adopting this article.

(d)   It is requisite and proper for the security, welfare, health and convenience of the citizens of the county and for the preservation of peace and good order of the county that a noise ordinance be adopted and enforced and rules and regulations thereto be established.

(Amendment of 10-20-2003)

Sec. 34-152. Violations.

(a)   It shall be unlawful and punishable as provided in herein, for any person within the unincorporated areas of the county to violate any of the provisions of this article.

(b)   It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the unincorporated areas of the county.

(Amendment of 10-20-2003, § I)

Sec. 34-153. Enumeration of prohibited noise.

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

(1)   Radios, phonographs, cassette and compact disc players, musical instruments.  The using, operating or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is reasonably necessary for convenient hearing for the person who is in the room, vehicle or chamber in which this machine or device is operated and who is a voluntary listener thereto is prohibited. The operation of the set, instrument, phonograph, or other machine or device, between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this paragraph. 

(2)   Loudspeakers, amplifiers for advertising.  The using, operating or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the purpose of producing or reproducing sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure is prohibited. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device. 

(3)   Noisy animals.  Anyone who keeps or maintains an animal that emits sound or noise frequently or for a continuous lengthy period so as to unreasonably disturb the comfort or repose of any person is prohibited. For further definition of an unreasonable disturbance, please see the Forsyth County Animal Control Ordinance, section 14-35. This section shall not apply to horses, livestock, poultry or other farm animals emanating from a legitimate farming operation on property zoned for agricultural use. 

(4)   Construction or repair of buildings.  The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment, attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 9:00 p.m. is prohibited. 

(5)   Dumpsters.  The creation of a loud and excessive noise in connection with emptying dumpsters other than between the hours of 7:00 a.m. and 9:00 p.m. is prohibited. 

(6)   Schools, courts, places of worship, hospitals.  The creation of any unreasonably excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of the institution, or which disturbs or unduly annoys patients in the hospitals is prohibited, provided that conspicuous signs are displayed in the streets indicating that it is a school, hospital or court. 

(7)   Noises to attract attention.  The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance show or sale is prohibited. 

(8)   Operation of motor vehicles, motorcycles, all-terrain vehicles, motor driven cycles and mopeds.  The operation of motor vehicles, including, but not limited to, cars, trucks, motorcycles, all-terrain vehicles, motor driven cycles, and mopeds, in a manner that creates excessive noise, including the continuous riding of any such vehicle past, around or near an inhabited dwelling place, so as to disturb or unduly annoy the inhabitants is prohibited. 

(Amendment of 10-20-2003, § II)

Sec. 34-154. Inspections.

Provided permission is granted from the occupant, any county law enforcement officer has the power, upon presentation of the proper credentials, to enter and inspect any single-family dwelling, multifamily dwelling, building, structure or premises within the unincorporated areas of the county as may be necessary to enforce the provisions of this article. If such permission is refused, or is otherwise unobtainable, a search warrant must be obtained upon the showing of probable cause to believe that a violation of this article may exist, before such entry or inspection is made.

(Amendment of 10-20-2003, § III)

Sec. 34-155. Exceptions.

The provisions of this section shall not apply to or be enforced against:

(1)   Any vehicle of the county while engaged in necessary public business.

(2)   Excavations or repairs of streets by or on behalf of the county or state at night when public welfare and convenience renders it impossible to perform this work during the day.

(3)   Organized school-related programs, activities, events or parades or other public programs, activities or events authorized by the county or sheriff's office.

(4)   Noises resulting from emergency work, to be construed to mean work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger.

(Amendment of 10-20-2003, § IV)

Sec. 34-156. Special variances.

(a)   The appeals board shall have the authority, consistent with this article, to grant variances.

(b)   Any person seeking a variance pursuant to this article shall file an application with the planning and development department. The application shall contain information that demonstrates that bringing the source of sound into compliance with this article would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be given by the planning and development department to persons who frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowances of the variance may file a statement with the planning and development department containing any information to support such individual's claim. The planning and development department shall forward the application and any responsive statements to the appeals board for its consideration.

(c)   In determining whether to grant or deny the application, the appeals board shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety, and welfare of other persons affected by the granting of the special variance. The variance request will also be otherwise considered by the appeals board under the standards set forth in the Forsyth County Unified Development Code for variances, which are incorporated herein by reference as if fully set forth here.

(d)   Applicants for special variances may be required to submit any information the appeals board may reasonably require.

(e)   In granting or denying an application, the appeals board shall place on public file, a copy of the decision and the reasons for denying or granting the special variance.

(f)   Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to those provisions of this article regulating the source of sound or activity for which the special variance was granted.

(g)   Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances.

(h)   Enforcement of this article shall be stayed as to any person filing an application for a special variance pursuant to this section, until such time as the application is acted upon by the appeals board.

(i)   The decision of the appeals board may be appealed to the board of commissioners.

(Amendment of 10-20-2003, § V)

Sec. 34-157. Penalty for violation.

Upon the first violation of any of the provisions of this article, a warning citation shall be issued. Upon the second violation of any of the provisions of this article, a citation shall be issued and the individual will go before the Forsyth County Magistrate Court. Upon conviction, punishment shall be set forth by the Magistrate Court in accordance with the provisions of O.C.G.A. § 15-10-60. For purposes of sentencing, the first citation before the Magistrate Court shall be deemed the "first offense," however, consideration may be given by the court to the previous warning citation.

(Amendment of 10-20-2003, § VI)

Secs. 34-158--34-180. Reserved.