Cary, NC Noise Ordinances: Aircraft Noise (2026)

The aircraft exemption is item (9) of Section 22-105 in the Cary Code of Ordinances, the exceptions list for the Town's noise article, Article IV, Division 2 of Chapter 22. The opening sentence of Section 22-105 exempts every listed activity from the article unless the activity produces a risk of serious and unnecessary bodily harm. Item (9) then covers aircraft: all noises coming from the normal operations of properly equipped aircraft. The definitions in Section 22-103 do not define aircraft, normal operations or properly equipped, so the ordinance leaves those three phrases to their plain meaning.

The last clause of item (9) pulls scale model aircraft back out of the exemption. Because the exception is withheld, the rest of the noise article applies to a model plane. Section 22-102 makes it unlawful to create or assist in creating any unreasonably loud, disturbing noise in the Town that frightens, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of citizens. Section 22-107 makes it unlawful, except as provided in Section 22-105, to create a sound that exceeds 60 dB(A) affecting any occupied residential structure or unit other than the unit occupied by the person creating the sound.

Measurement follows Section 22-104. Sound levels are read on the A-weighting scale with a standard sound level meter, at or within the nearest residential property line occupied by the complainant, and averaged over a one minute measurement period. A violation occurs if the averaged reading exceeds the prescribed dB(A), or if any sound exceeds the prescribed level by three or more decibels at any time during that period. For an apartment or condominium, the reading is taken from a point abutting the exterior of the complainant's unit, or from inside the unit if an outside reading is impractical.

Section 22-111 fixes responsibility on any person who creates or assists in creating the noise, which includes anyone who owns, manages or operates the residence, business or location where the noise is generated. A noise control officer is any police officer or other person the Town Manager designates. This page reads the Cary Code of Ordinances as current through local ordinance 2024-Code-04, effective 12-12-2024.