New Business 07

November 7, 2017

STAFF REPORT
COMMISSIONER’S MEETING DATE: 11/07/2017
DATE: 10/30/2017
TO: County Commissioners
THRU: Steve Davis, County Administrator
FROM: R.C. Barenchik, Zoning Administrator & Jimmy Parr, Building Official
ISSUE: Consideration to amend Section 30-30. – Enumeration. (10)
Construction or repairing of buildings of the Noise Control Ordinance

BACKGROUND: Under the current regulations of the Noise Ordinance, no

construction or related activities is permitted on the weekend or between the
hours of 6:00 pm and 7:00 am, unless permit is granted for an emergency.
Currently, there are no exceptions, such as work being completed inside a home
installing flooring, electrical components, etc.

FACTS AND FINDINGS:

1. Zoning and building staff have received calls from home builders regarding
hours of work.
2. We do not believe it was the intention of the current ordinance to not permit
construction activities on the weekends, but to limit noise from certain
construction activities.
3. Staff has drafted an alternative to this section that will permit construction
activities on the weekend for certain hours.

ALTERNATIVES:
1. Approve the draft amendment.
2. Remove this section of the ordinance and utilize the existing table for hours
and noise levels.
3. Leave the current ordinance as is.

FUNDING: No funding required.

RECOMMENDATION: Staff recommends alternative #1.

DOCUMENTS ATTACHED:
1. Current Noise Ordinance
2. Amended Draft Section

11/02/2017 Page 1 of 15
 New Business 07
November 7, 2017

ARTICLE II. - NOISE CONTROL[1]

Footnotes:

--- (1) ---

Editor's note— An ordinance adopted Dec. 3, 2009, amended Ch. 30, Art. II, to read as set out herein.
Former Art. II pertained similar subject matter and derived from an ordinance adopted Sept. 1, 1981; and
an ordinance adopted Dec. 6, 1988, § 1.
State Law reference— Limits on sound volume produced by radio, tape player, or other mechanical
sound-making device or instrument from within the 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).

Sec. 30-35. - Definitions.

dBA: The A-weighted unit of sound pressure level.

Decibel: The unit of measurement for sound pressure level at a specified location.
Emergency vehicles: Vehicles of the fire, police, and public service departments and legally
authorized ambulances and emergency vehicles of states departments and any political subdivision
thereof, and vehicles of public service corporations.
Emergency work: Work required to restore property or infrastructure to a safe condition following a
natural or human caused disaster, work required to protect persons or property from an imminent
exposure to danger, or work by public or private utilities for providing or restoring immediately necessary
utility services.
Motor vehicle: Any vehicle which is self-propelled and is used primarily for transporting people or
property.
Muffler: Part of the exhaust system of a motor vehicle that is intended to reduce noise.
Noise sensitive areas: Schools, courts, churches, hospitals, libraries, and streets and property
adjacent to such institutions, provided that conspicuous signs are displayed about such institutions
indicating the presence of such institutions.
Noise: Sound emitted from any and all sources and typically characterized by intensity, duration of
any kind.
Outdoor music venue: Property where sound equipment is used to amplify sound that is not fully
enclosed by permanent, solid walls and a roof.
Person: Individual, firm, association, partnership, corporation, or any other public or private entity.
Slow response setting: A setting found on a sound level meter which allows the measurement to
exclude rapid changes in sound level. This allows an average pressure level to be measured.
Sound equipment: Loud speaker, public address system, amplification system, or other sound
producing device.
Sound level meter (SLM): An instrument used to measure sound pressure levels conforming to Type
1 or Type 2 standards as specified in ANSI Standard SI.4-1983 or the latest version thereof.

(Ord. of 12-8-09, § 1)

Page 1
11/02/2017 Page 2 of 15
 New Business 07
November 7, 2017

Sec. 30-36. - Loud noise.

(a) It shall be unlawful for any person to make, continue, or cause to be made or continued any
unreasonably loud or raucous noise; or any noise that unreasonably disturbs, injures, or endangers
the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the
unincorporated area of Effingham County; or any noise that is so harsh, prolonged, unnatural, or
unusual in time or place as to occasion unreasonable discomfort to any persons within the
neighborhood from which said noises emanate; or that unreasonably interferes with the peace and
comfort of neighbors or their guests, or operators or customers in places of business, or as to
detrimentally or adversely affect such residences or places of business.
Factors for determining whether a sound is unreasonably loud and raucous include, but are not
limited to, the following:
(1) The proximity of the sound to sleeping facilities, whether residential or commercial;
(2) The land use, nature, and zoning of the area from which the sound emanates and the area
where it is received or perceived;
(3) The time of day or night the sound occurs;
(4) The duration of the sound; and
(5) Whether the sound is recurrent, intermittent, or constant.
(b) Any noise that exceeds the decibel thresholds in section 30-37 Table 1 is presumed to violate this
article.
(c) 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 such work during the day.
(3) The reasonable use of amplifiers or loudspeakers in the course of public addresses between
the hours of 8:00 a.m. to 8:00 p.m.
(4) Motor vehicles on traffic ways of Effingham County provided that the prohibition of subsection
30-38(1) shall apply.
(5) Repairs of utility structures which pose a clear and immediate danger to life, health, or
significant loss of property.
(6) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in
case of fire, collision, civil defense, police activity, or as a warning of imminent danger, provided
that the prohibition of subsection 30-38(18) shall apply.
(7) Outdoor school and playground activities conducted on public playgrounds and public or private
school grounds, which are conducted in accordance with the manner in which such spaces are
generally used, including, but not limited to, school athletic and school entertainment events.
(8) Outdoor gatherings, public dances, shows, and sporting events, and other similar outdoor
events, provided that a permit has been obtained from the appropriate permitting authority.

(Ord. of 12-8-09, § 1)

Sec. 30-37. - Sound level limitations.

No person shall make, continue, or cause to be made or continued any sound source in such a
manner as to create a sound level that exceeds the sound level limits set forth in Table 1 when measured

Page 2
11/02/2017 Page 3 of 15
 New Business 07
November 7, 2017

at or within the real property line of the receiving property using the slow response setting unless
otherwise noted.
Table 1—Sound Level Limits by Receiving Property

Sound Level Limit

Receiving Property Category Time
(dBA)

7:00 a.m.—9:00
Residential, public space, institutional, or noise sensitive p.m. 60
area 9:00 p.m.—7:00 50
a.m.

7:00 a.m.—9:00
p.m. 70
Commercial or business
9:00 p.m.—7:00 60
a.m.

Industrial or manufacturing At all times 80

Example decibel levels:

Normal Breathing 10dB

Soft whisper 30dB

Normal conversation 50dB

Busy traffic 70dB

Average factory 80dB

(1) Any noise with a sustained maximum decibel level of 80 or above, outside of an industrial
zoning, shall be considered in violation of this article.
(2) If the noise is an impulsive sound, the fast response setting shall be used and the daytime (7:00
a.m.—9:00 p.m.) limits of Table 1 shall be increased by ten dBA.

Page 3
11/02/2017 Page 4 of 15
 New Business 07
November 7, 2017

(3) In a multi-family dwelling, it shall be unlawful to create or permit to be created any noise that
exceeds the daytime (7:00 a.m.—9:00 p.m.) limit of sixty (60) dBA and the nighttime (9:00
p.m.—7:00 a.m.) limit of fifty (50) dBA as measured from the closest neighbor's dwelling.

(Ord. of 12-8-09, § 1)

Sec. 30-38. - Enumeration.

The following acts shall constitute a violation of this article, but such enumeration shall not be
deemed to be exclusive:
(1) Horns; signaling devices.
a. The sounding of any horn or signaling device on any automobile, motorcycle, or other
vehicle on any street or public place in the county except as a danger warning.
b. The creation of any unreasonably loud or harsh sound by means of any such signaling
device and the sounding of any such device for a measurable period of time.
c. The use of any horn, whistle, or other device operated by engine exhaust and the use of
any such signaling device when traffic is held up for any reason.
(2) Radios, phonographs, other machines, or devices that produce or reproduce sound. The use or
operation of any radio, television, boom box, stereo, musical instrument, phonograph, or similar
device that produces or reproduces sound that is plainly audible to any person of ordinary
sensitivity other than the player(s) or operator(s) of the device, and those who are voluntarily
listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of
neighbors and passers-by, or is plainly audible to a person of ordinary sensitivity at a distance
of 50 feet from any person in a commercial, industrial, or public space. The use or operation of
any radio, television, boom box, stereo, musical instrument, phonograph, or similar device that
produces or reproduces sound that is plainly audible to any person of ordinary sensitivity other
than the player(s) or operator(s) of the device, and those who are voluntarily listening to the
sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors of ordinary
sensitivity in residential or noise sensitive areas, including multi-family or single-family
dwellings.
(3) Loudspeakers, amplifiers, other devices for production or reproduction of sound. The using,
operating, or permitting to be played, used, or operated of any radio receiving set, musical
instruments, phonograph, loudspeaker, sound amplifier, or other machine or device for the
producing or reproducing of sound that is cast upon the public streets for attracting the attention
of the public to any building or structure without a special permit from the county clerk or board
of commissioners. Announcements over loudspeakers can only be made by the announcer, in
person, and without the aid of any mechanical device.
(4) Yelling or shouting. Yelling, shouting, hooting, whistling, or singing in noise sensitive or
residential areas between the hours of 9:00 p.m. and 7:00 a.m., or at any time or place so as to
unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivity.
(5) Animals. Any noises made by animals and birds raised or kept in residential areas unless sound
is made from animal shelters, veterinary hospitals, pet shops, pet kennels, or within an
agricultural residential zone that unreasonably disturbs the peace, quiet, and comfort of
neighbors of ordinary sensitivity in residential or noise sensitive areas, including multi-family or
single-family dwellings. Any person that owns, controls, keeps, or cares for the animal or bird
shall be deemed responsible therefore.
(6) Steam whistle. The blowing of any train whistle or steam whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or
upon request of proper county authorities.

Page 4
11/02/2017 Page 5 of 15
 New Business 07
November 7, 2017

(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motorboat, or motor vehicle except through a muffler or other
device that will effectively prevent loud or explosive noises there from.
(8) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so
loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, or other
noise.
(9) Loading, unloading, opening boxes. The creation of unreasonably loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of bales,
boxes, crates, and containers.
(10) Construction or repairing of buildings. The erection, including excavation, demolition,
alteration, or repair of any building other than between the hours of 7:00 a.m. and 6:00
p.m. on weekdays, except on urgent necessity in the interest of public health and safety,
and then only with a permit from the county building official, which permit may be
granted for a period not to exceed three days or less while the emergency continues and
which permit may be renewed by the board of commissioners for periods of three days
or less while the emergency continues. If the board of commissioners determines that
the public health and safety will not be impaired by the erection, demolition, alteration, or
repair of any building or the excavation of streets and highways from 6:00 p.m. to 7:00
a.m., and further determines that loss or inconvenience would result to any party in
interest if such work is not done, the board of commissioners may grant permission for
such work to be done from 6:00 p.m. to 7:00 a.m., upon application made at the time the
permit for the work is applied for or during the progress of the work.
(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any street
adjacent to any school, institution of learning, church, or court while the same is in session or
adjacent to any hospital, and which unreasonably interferes with the work of such institution, or
which unreasonably disturbs or unduly annoys patients in the hospital.
(12) Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers, and vendors that
unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of
reasonable persons of ordinary sensitivity, within the unincorporated area of Effingham County;
or that occasions unreasonable discomfort to any persons within the neighborhood from which
said noises emanate; or that unreasonably interferes with the peace and comfort of neighbors
or their guests, or operators or customers in places of business, or as to detrimentally or
adversely affect such residences or places of business.
(13) Noises to attract attention. The use of any drum or other instrument or device for the purpose of
attracting attention to any performance, show, or sale by creation of noise.
(14) Transportation of metal rails, pillars, or columns. The transportation of rails, pillars, or columns
of iron, steel, or other material over and along streets and other public places upon carts, drays,
cars, trucks, or in any other manner so loaded as to cause loud noises or as to unreasonably
disturb the peace and quiet of such streets or other public places.
(15) Pile drivers, hammers, other such appliances. The operation from 6:00 p.m. to 7:00 a.m. of any
pile driver, steam shovel, pneumatic hammer, derrick, steam, or electric hoist, or other
appliance, the use of which is attended by loud or unusual noise, without a special permit from
the board of commissioners.
(16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion
engine, the operation of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled, and such engine is equipped with a muffler
device sufficient to deaden such noise.
(17) Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or
standing vehicles for advertising or other commercial purposes; the use of sound trucks for
noncommercial purposes during such hours or in such places or with such volume as would
constitute such use a public nuisance.

Page 5
11/02/2017 Page 6 of 15
 New Business 07
November 7, 2017

(18) Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of
any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or
similar emergency signaling device, except in an emergency or except as provided in
subsections (a) and (b) below.
a. Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m.
Any testing shall use only the minimum cycle test time. In no case shall such test time
exceed five minutes, unless required by state, federal, or local law or regulation. Testing of
the emergency signaling system shall not occur more than once in each calendar month,
unless required by state, federal, or local law or regulation.
b. Sounding or permitting the sounding ofay exterior burglar or fire alarm or any motor vehicle
burglar alarm shall terminate within 15 minutes of activation unless an emergency exists. If
a false or accidental activation of an alarm occurs more than twice in a calendar month, the
owner or person responsible for the alarm shall be in violation of this article.

(Ord. of 12-8-09, § 1)

Sec. 30-39. - Broadcasting permits.

Permits may be granted to responsible organizations to broadcast programs of music, speeches, or

general entertainment as a part of a community celebration of national, state, or city events, public
festivals, or outstanding events of a noncommercial character, or to responsible religious, civic, or
fraternal organizations, if not audible over 100 feet distant from the speaker, and provided that traffic on
the streets is not obstructed by reason thereof.

(Ord. of 12-8-09, § 1)

Sec. 30-40. - Zoning administrator.

The zoning administrator or designee shall have the power and authority to:
(1) Coordinate the noise control activities of all departments of the county and cooperate with all
other public bodies and agencies to the extent practicable;
(2) Review the actions of the county and advise the county of the effect, if any, of such actions on
noise control;
(3) Review public and private projects, upon request of other departments or boards, for
compliance with this article;
(4) Promulgate and publish rules and procedures to establish techniques for measuring noise, and
to provide for clarification, interpretation, and implementation of this article;
(5) Delegate the duties and functions of noise control officer to any duly qualified individual.

(Ord. of 12-8-09, § 1)

Sec. 30-41. - Noise control officers.

Any person charged with enforcing this article, including, but not limited to, the zoning administrator,
code enforcement officer, and sheriffs deputies. Penalties for violations of this article will be governed by
section 30-43.

(Ord. of 12-8-09, § 1)

Page 6
11/02/2017 Page 7 of 15
 New Business 07
November 7, 2017

Sec. 30-42. - Procedures for determination of sound levels.

(a) In so far as practicable, sound will be measured while the source under investigation is operating at
normal, routine conditions and, as necessary, at other conditions, including but not limited to, design,
maximum and fluctuating rates. All noise measurements shall be made at or within the property line
of the impacted site, unless otherwise directed in this article. When instrumentation cannot be placed
at or within the property line, the measurement shall be made as close thereto as is reasonable. For
the purposes of this article, noise measurements are measurements are measured on the A-or C-
weighted sound scale, as applicable, of a sound level meter of standard design and quality having
characteristics established by ANSI.
(b) The sound level meter and calibrator must be re-certified annually at a laboratory approved by the
noise control administrator. A field check of meter Calibration and batteries must be conducted
before and after every set of measurements, and at least every hour as necessary.
(c) Total and neighborhood residual sound level measurements shall be taken in accordance with
procedures established and approved by the noise control administrator. Calculation of source sound
levels shall conform to accepted practice established by ANSI.

(Ord. of 12-8-09, § 1)

Sec. 30-43. - Enforcement procedures.

(a) In addition to the penalties that may be imposed under section 1-19 of this Code, the judge of the
magistrate court may issue an order requiring immediate abatement of any sound source alleged to
be in violation of this section.
(b) No provision of this section shall be construed to impair any common law or statutory cause of
action, or legal remedy therefore, of any person for injury or damage arising from any violation of this
section or from other law.

(Ord. of 12-8-09, § 1)

Secs. 30-44—30-110. - Reserved.

Page 7
11/02/2017 Page 8 of 15
 New Business 07
November 7, 2017

ARTICLE II. - NOISE CONTROL[1]

Footnotes:
--- (1) ---
Editor's note— An ordinance adopted Dec. 3, 2009, amended Ch. 30, Art. II, to read as set out herein. Former Art.
II pertained similar subject matter and derived from an ordinance adopted Sept. 1, 1981; and an ordinance adopted
Dec. 6, 1988, § 1.
State Law reference— Limits on sound volume produced by radio, tape player, or other mechanical sound-making
device or instrument from within the 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).

Sec. 30-35. - Definitions.

dBA: The A-weighted unit of sound pressure level.
Decibel: The unit of measurement for sound pressure level at a specified location.
Emergency vehicles: Vehicles of the fire, police, and public service departments and legally authorized ambulances
and emergency vehicles of states departments and any political subdivision thereof, and vehicles of public service
corporations.
Emergency work: Work required to restore property or infrastructure to a safe condition following a natural or human
caused disaster, work required to protect persons or property from an imminent exposure to danger, or work by
public or private utilities for providing or restoring immediately necessary utility services.
Motor vehicle: Any vehicle which is self-propelled and is used primarily for transporting people or property.
Muffler: Part of the exhaust system of a motor vehicle that is intended to reduce noise.
Noise sensitive areas: Schools, courts, churches, hospitals, libraries, and streets and property adjacent to such
institutions, provided that conspicuous signs are displayed about such institutions indicating the presence of such
institutions.
Noise: Sound emitted from any and all sources and typically characterized by intensity, duration of any kind.
Outdoor music venue: Property where sound equipment is used to amplify sound that is not fully enclosed by
permanent, solid walls and a roof.
Person: Individual, firm, association, partnership, corporation, or any other public or private entity.
Slow response setting: A setting found on a sound level meter which allows the measurement to exclude rapid
changes in sound level. This allows an average pressure level to be measured.
Sound equipment: Loud speaker, public address system, amplification system, or other sound producing device.
Sound level meter (SLM): An instrument used to measure sound pressure levels conforming to Type 1 or Type 2
standards as specified in ANSI Standard SI.4-1983 or the latest version thereof.
(Ord. of 12-8-09, § 1)

11/02/2017 Page 9 of 15
 New Business 07
November 7, 2017

Sec. 30-36. - Loud noise.

(a) It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud
or raucous noise; or any noise that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace,
or safety of reasonable persons of ordinary sensitivity, within the unincorporated area of Effingham County; or any
noise that is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to
any persons within the neighborhood from which said noises emanate; or that unreasonably interferes with the
peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to
detrimentally or adversely affect such residences or places of business.
Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the
following:
(1) The proximity of the sound to sleeping facilities, whether residential or commercial;
(2) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received
or perceived;
(3) The time of day or night the sound occurs;
(4) The duration of the sound; and
(5) Whether the sound is recurrent, intermittent, or constant.
(b) Any noise that exceeds the decibel thresholds in section 30-37 Table 1 is presumed to violate this article.
(c) 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 such work during the day.
(3) The reasonable use of amplifiers or loudspeakers in the course of public addresses between the hours of 8:00
a.m. to 8:00 p.m.
(4) Motor vehicles on traffic ways of Effingham County provided that the prohibition of subsection 30-38(1) shall
apply.
(5) Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of
property.
(6) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire,
collision, civil defense, police activity, or as a warning of imminent danger, provided that the prohibition of
subsection 30-38(18) shall apply.
(7) Outdoor school and playground activities conducted on public playgrounds and public or private school grounds,
which are conducted in accordance with the manner in which such spaces are generally used, including, but not
limited to, school athletic and school entertainment events.
(8) Outdoor gatherings, public dances, shows, and sporting events, and other similar outdoor events, provided that
a permit has been obtained from the appropriate permitting authority.
(Ord. of 12-8-09, § 1)
Sec. 30-37. - Sound level limitations.
No person shall make, continue, or cause to be made or continued any sound source in such a manner as to create
a sound level that exceeds the sound level limits set forth in Table 1 when measured

11/02/2017 Page 10 of 15
 New Business 07
November 7, 2017

at or within the real property line of the receiving property using the slow response setting unless otherwise noted.
Table 1—Sound Level Limits by Receiving Property

Receiving Property Category Time Sound Level Limit (dBA)

Residential, public space, 7:00 a.m.—9:00 p.m. 9:00 60 50

institutional, or noise sensitive p.m.—7:00 a.m.
area
Commercial or business 7:00 a.m.—9:00 p.m. 9:00 70 60
p.m.—7:00 a.m.

Industrial or manufacturing At all times 80

(1) Any noise with a sustained maximum decibel level of 80 or above, outside of an industrial zoning, shall be
considered in violation of this article.
(2) If the noise is an impulsive sound, the fast response setting shall be used and the daytime (7:00 a.m.—9:00

Example decibel levels:

Normal Breathing 10dB
Soft whisper 30dB
Normal conversation 50dB
Busy traffic 70dB
Average factory 80dB

p.m.) limits of Table 1 shall be increased by ten dBA.

11/02/2017 Page 11 of 15
 New Business 07
November 7, 2017

(3) In a multi-family dwelling, it shall be unlawful to create or permit to be created any noise that exceeds the
daytime (7:00 a.m.—9:00 p.m.) limit of sixty (60) dBA and the nighttime (9:00 p.m.—7:00 a.m.) limit of fifty (50) dBA
as measured from the closest neighbor's dwelling.
(Ord. of 12-8-09, § 1)
Sec. 30-38. - Enumeration.
The following acts shall constitute a violation of this article, but such enumeration shall not be deemed to be
exclusive:
(1) Horns; signaling devices.
a. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or
public place in the county except as a danger warning.
b. The creation of any unreasonably loud or harsh sound by means of any such signaling device and the sounding
of any such device for a measurable period of time.
c. The use of any horn, whistle, or other device operated by engine exhaust and the use of any such signaling
device when traffic is held up for any reason.
(2) Radios, phonographs, other machines, or devices that produce or reproduce sound. The use or operation of any
radio, television, boom box, stereo, musical instrument, phonograph, or similar device that produces or reproduces
sound that is plainly audible to any person of ordinary sensitivity other than the player(s) or operator(s) of the
device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and
comfort of neighbors and passers-by, or is plainly audible to a person of ordinary sensitivity at a distance of 50 feet
from any person in a commercial, industrial, or public space. The use or operation of any radio, television, boom
box, stereo, musical instrument, phonograph, or similar device that produces or reproduces sound that is plainly
audible to any person of ordinary sensitivity other than the player(s) or operator(s) of the device, and those who are
voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors of ordinary
sensitivity in residential or noise sensitive areas, including multi-family or single-family dwellings.
(3) Loudspeakers, amplifiers, other devices for production or reproduction of sound. The using, operating, or
permitting to be played, used, or operated of any radio receiving set, musical instruments, phonograph,
loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound that is cast
upon the public streets for attracting the attention of the public to any building or structure without a special permit
from the county clerk or board of commissioners. Announcements over loudspeakers can only be made by the
announcer, in person, and without the aid of any mechanical device.
(4) Yelling or shouting. Yelling, shouting, hooting, whistling, or singing in noise sensitive or residential areas
between the hours of 9:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet,
comfort, or repose of reasonable persons of ordinary sensitivity.
(5) Animals. Any noises made by animals and birds raised or kept in residential areas unless sound is made from
animal shelters, veterinary hospitals, pet shops, pet kennels, or within an agricultural residential zone that
unreasonably disturbs the peace, quiet, and comfort of neighbors of ordinary sensitivity in residential or noise
sensitive areas, including multi-family or single-family dwellings. Any person that owns, controls, keeps, or cares for
the animal or bird shall be deemed responsible therefore.
(6) Steam whistle. The blowing of any train whistle or steam whistle attached to any stationary boiler except to give
notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper county authorities.

11/02/2017 Page 12 of 15
 New Business 07
November 7, 2017

(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion
engine, motorboat, or motor vehicle except through a muffler or other device that will effectively prevent loud or
explosive noises there from.
(8) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such
manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
(9) Loading, unloading, opening boxes. The creation of unreasonably loud and excessive noise in connection with
loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
(10)(10) Construction or repairing of buildings. The erection, including excavation, demolition, alteration,
or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except on
urgent necessity in the interest of public health and safety, and then only with a permit from the county
building official, which permit may be granted for a period not to exceed three days or less while the
emergency continues and which permit may be renewed by the board of commissioners for periods of
three days or less while the emergency continues. If the board of commissioners determines that the
public health and safety will not be impaired by the erection, demolition, alteration, or repair of any
building or the excavation of streets and highways from 6:00 p.m. to 7:00 a.m., and further determines that
loss or inconvenience would result to any party in interest if such work is not done, the board of
commissioners may grant permission for such work to be done from 6:00 p.m. to 7:00 a.m., upon
application made at the time the permit for the work is applied for or during the progress of the work.
(a) No person shall operate or permit the operation of any tools or equipment in construction, drilling, Formatted: Font color: Blue
demolition work, or in preventive maintenance work for public service utilities:
(1) Between the hours of 7:00 p.m. and 7:00 a.m., in any manner which creates a noise disturbance
across a real property boundary or within a noise-sensitive area;
(2) At any other time, in any manner which creates a noise disturbance across a real property
boundary or within a non-sensitive area; for purposes of this subparagraph [subsection], a
sound level at or across a real property boundary or within a noise-sensitive area in excess of
85 dBA shall be deemed a noise disturbance.
(b) The provisions of this section shall not apply:
(1) Emergency work or repair work performed by or for governmental entities or public service
utilities.
(2) The use of domestic power tools or equipment as set forth in section 30-38(10)(c) of this article.
(3) Construction equipment that has attached in good operative condition the best
noise-attenuating device as recommended by the manufacturer.
(c) The provisions of this section shall not apply to the operation of the following domestic power
tools or equipment between the hours of 7:00 a.m. and 7:00 p.m.:
(1) Electrical power tools
(2) Motor-powered, muffler-equipped lawn, garden, and tree trimming equipment.

(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school,
institution of learning, church, or court while the same is in session or adjacent to any hospital, and which
unreasonably interferes with the work of such institution, or which unreasonably disturbs or unduly annoys patients
in the hospital.
(12) Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers, and vendors that unreasonably
disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity, within the unincorporated area of Effingham County; or that occasions unreasonable discomfort to any
persons within the neighborhood from which said noises emanate; or that unreasonably interferes with the peace
and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or
adversely affect such residences or places of business.
(13) Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting
attention to any performance, show, or sale by creation of noise.
(14) Transportation of metal rails, pillars, or columns. The transportation of rails, pillars, or columns of iron, steel, or
other material over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner
so loaded as to cause loud noises or as to unreasonably disturb the peace and quiet of such streets or other public
places.
(15) Pile drivers, hammers, other such appliances. The operation from 6:00 p.m. to 7:00 a.m. of any pile driver,
steam shovel, pneumatic hammer, derrick, steam, or electric hoist, or other appliance, the use of which is attended
by loud or unusual noise, without a special permit from the board of commissioners.
(16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the
operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such
blower or fan is muffled, and such engine is equipped with a muffler device sufficient to deaden such noise.
(17) Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles
for advertising or other commercial purposes; the use of sound trucks for noncommercial purposes during such
hours or in such places or with such volume as would constitute such use a public nuisance.
11/02/2017 Page 13 of 15
 New Business 07
November 7, 2017

(18) Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any emergency
signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device,
except in an emergency or except as provided in subsections (a) and (b) below.
a. Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only
the minimum cycle test time. In no case shall such test time exceed five minutes, unless required by state, federal,
or local law or regulation. Testing of the emergency signaling system shall not occur more than once in each
calendar month, unless required by state, federal, or local law or regulation.
b. Sounding or permitting the sounding ofay exterior burglar or fire alarm or any motor vehicle burglar alarm shall
terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm
occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of
this article.
(Ord. of 12-8-09, § 1)
Sec. 30-39. - Broadcasting permits.
Permits may be granted to responsible organizations to broadcast programs of music, speeches, or general
entertainment as a part of a community celebration of national, state, or city events, public festivals, or outstanding
events of a noncommercial character, or to responsible religious, civic, or fraternal organizations, if not audible over
100 feet distant from the speaker, and provided that traffic on the streets is not obstructed by reason thereof.
(Ord. of 12-8-09, § 1)
Sec. 30-40. - Zoning administrator.
The zoning administrator or designee shall have the power and authority to:
(1) Coordinate the noise control activities of all departments of the county and cooperate with all other public bodies
and agencies to the extent practicable;
(2) Review the actions of the county and advise the county of the effect, if any, of such actions on noise control;
(3) Review public and private projects, upon request of other departments or boards, for compliance with this article;
(4) Promulgate and publish rules and procedures to establish techniques for measuring noise, and to provide for
clarification, interpretation, and implementation of this article;
(5) Delegate the duties and functions of noise control officer to any duly qualified individual.
(Ord. of 12-8-09, § 1)
Sec. 30-41. - Noise control officers.
Any person charged with enforcing this article, including, but not limited to, the zoning administrator, code
enforcement officer, and sheriffs deputies. Penalties for violations of this article will be governed by section 30-43.
(Ord. of 12-8-09, § 1)

11/02/2017 Page 14 of 15
 New Business 07
November 7, 2017

Sec. 30-42. - Procedures for determination of sound levels.

(a) In so far as practicable, sound will be measured while the source under investigation is operating at normal,
routine conditions and, as necessary, at other conditions, including but not limited to, design, maximum and
fluctuating rates. All noise measurements shall be made at or within the property line of the impacted site, unless
otherwise directed in this article. When instrumentation cannot be placed at or within the property line, the
measurement shall be made as close thereto as is reasonable. For the purposes of this article, noise
measurements are measurements are measured on the A-or C- weighted sound scale, as applicable, of a sound
level meter of standard design and quality having characteristics established by ANSI.
(b) The sound level meter and calibrator must be re-certified annually at a laboratory approved by the noise control
administrator. A field check of meter Calibration and batteries must be conducted before and after every set of
measurements, and at least every hour as necessary.
(c) Total and neighborhood residual sound level measurements shall be taken in accordance with procedures
established and approved by the noise control administrator. Calculation of source sound levels shall conform to
accepted practice established by ANSI.
(Ord. of 12-8-09, § 1)
Sec. 30-43. - Enforcement procedures.
(a) In addition to the penalties that may be imposed under section 1-19 of this Code, the judge of the magistrate
court may issue an order requiring immediate abatement of any sound source alleged to be in violation of this
section.
(b) No provision of this section shall be construed to impair any common law or statutory cause of action, or legal
remedy therefore, of any person for injury or damage arising from any violation of this section or from other law.
(Ord. of 12-8-09, § 1)
Secs. 30-44—30-110. - Reserved.

11/02/2017 Page 15 of 15