Apex DOES publish a numeric dB(A) cap. Sec. 14-31 of the Town Code (Chapter 14, Article III) makes it unlawful for sound to exceed the maximum dB(A) limits in Table 1 for more than ten percent of any measuring period (defined as 100 consecutive ten-second readings), with separate daytime and nighttime caps based on the zoning of the receiving property. Sec. 14-30 requires measurement at least 10 ft inside the complainant's property boundary. Sec. 14-33 also imposes a separate 55 dB(A)-at-20-ft cap for amplified sound used over any town street.
Unlike many North Carolina municipalities that operate purely on a 'reasonableness' standard, Apex has codified numeric dB(A) limits in Sec. 14-31 (Chapter 14, Article III - Noise) of the Town Code. The structure: (1) Sec. 14-30 ('Measuring techniques') governs how sound is measured - the reading is taken at least 10 feet inside the boundary of the complainant property, which per Stewart Acoustical Consultants' review is one of the better-designed measurement provisions in North Carolina because it protects properties near a zoning boundary from being held to a meter reading taken at the noise source. (2) Sec. 14-31 ('Sound emission standards and limitations') makes it unlawful 'during the daytime or nighttime hours for any person to cause or allow the emission of sound from any source or sources' which exceeds the maximum dB(A) limits in Table 1 'for more than ten percent of any measuring period' - the measuring period being the length of time required to take 100 readings at consecutive ten-second intervals (approximately 17 minutes). Table 1 publishes separate caps by zoning category (residential, commercial, industrial) and by time of day (daytime vs. nighttime). Per the Stewart Acoustical Consultants review, the Apex approach is 'based on the level exceeded for 10% of a reasonable time period which allows brief higher sound levels while limiting sound that lasts a long time,' and Apex 'impose[s] an absolute maximum level on sounds lasting less than 10% of the measurement period.' One identified limitation is that the ordinance 'bases the limits on the zoning of the impacted or receiving property regardless of actual use,' so homes located in non-residential zones receive lower noise protection. (3) Sec. 14-33 separately enforces a hard 55 dB(A)-at-20-ft cap for amplified sound used 'on or over any street within the town.' State-law overlays include N.C.G.S. 20-128 (motor vehicle muffler / excessive noise) and N.C.G.S. 14-159 (disorderly conduct, which can include unreasonable noise).
Sound exceeding Sec. 14-31 Table 1 dB(A) caps for more than 10% of the measuring period is a misdemeanor under N.C.G.S. 14-4 (Class 3 by default, up to $500 / 20 days). Amplified sound exceeding 55 dB(A) at 20 ft on a town street under Sec. 14-33 is similarly a misdemeanor. Motor vehicle muffler / excessive noise is enforceable under N.C.G.S. 20-128. Apex Police use a sound-level meter to document Sec. 14-31 violations. Report to Apex Police 919-362-8661.
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