§ 15-65.3 — Chronic commercial, construction, and industrial noise

Sec. 15-65.3. - Chronic commercial, construction, and industrial noise.

(a) The purpose of this section is to establish a collaborative process through which the city and a business that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer") will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business or construction site, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonable expectation of undisturbed activity. (b) The chief of police (or designee) may designate a construction site, commercial, or industrial business as a "chronic noise producer." In making such a designation, the chief of police (or designee) shall take into consideration the following factors: (1) The number and frequency of valid noise complaints; (2) The proximity and physical relationship between the business and complaining locations; (3) The severity of sound events, both observed or measured; (4) The times and days of the week of sound events; (5) The offender's history of cooperation and efforts to alleviate the surrounding problem; and (6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area. Upon designation, the chief of police (or designee) shall inform the business that it has been designated a chronic noise producer and refer the business to Housing and Neighborhood Services (H&NS) along with the information that established the basis for the designation. (c) Upon receiving a chronic noise producer referral, H&NS shall schedule a mandatory initial meeting with the offender that has been designated a chronic noise producer. At the initial meeting, H&NS and the business shall review the information that formed the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, H&NS shall determine whether a mitigation plan is warranted. If H&NS determines that a mitigation plan is not warranted, it shall notify the business and CMPD of that determination and no further action shall be taken. (d) If H&NS determines that use of a mitigation plan is warranted, H&NS and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things: (1) Restrictions on days of week or hours of noise producing activity; (2) Placement, orientation, and operation of sound producing activity or equipment; (3) Structural changes including but not limited to sound attenuation and baffling; (4) Self-monitoring and reporting requirements; (5) A schedule for implementation; and (6) A schedule for review for possible revision or termination of the plan. (e) In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, H&NS may designate the business as non-cooperative and shall notify the business and CMPD of that determination. Should a business designated as non-cooperative cure the basis for the designation, H&NS shall remove the designation and notify the business and CMPD of that determination. (f) In the event that a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be a justification for dismissing the enforcement action. A business that has been designated by H&NS as non-cooperative shall not be entitled to the benefits of this subsection unless the designation has been removed. (g) Appeals. A business that has been designated a chronic noise producer or non-cooperative may appeal such designation within ten days after receiving notice of such designation. Appeals shall be heard by the city manager or the city manager's designee who shall not be an employee of CMPD or H&NS. The appellant shall have the right to present evidence at said hearing. A ruling on appeal is subject to review in the superior court of Mecklenburg County by proceedings in the nature of certiorari. Any petition for writ of certiorari for review shall be filed with the clerk of superior court within 30 days after notice of the decision has been sent to the appellant.

(Ord. No. 4663, § 1, 5-23-2011; Ord. No. 9585, § 1, 6-24-2019)