§ 46-137. Prohibited noises; enumeration; penalty.

(a)

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

(b)

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

(1)

Horns, signaling devices. 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; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.

(2)

Radios, phonographs and similar devices. The using, operating, or permitting to be played, used, or operated 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 a volume louder than necessary for the convenient hearing of the person who is in the room, vehicle, or chamber, in which the machine or device is operated, and who is a voluntary listener thereto. The operation of any set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in 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 section.

(3)

Loudspeakers and 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 producing or reproducing of 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. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.

(4)

Yelling, shouting, hooting, whistling, or singing. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, or other type of residence or of any persons in the vicinity.

(5)

Animals and birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.

(6)

Steam whistles. The blowing of any 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.

(7)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(8)

Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in a manner as to create loud and unnecessary grating, grinding, rattling, or other noise.

(9)

Loading, unloading and opening boxes. The creation of a 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 repair. Construction of any type, including, but not limited to, 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, stream or electric hoist, automatic nailers or staplers, or any similar equipment attended by loud or unusual noise at or within 1,000 feet of an occupied residence before 7:30 am or after 7:30 pm on weekdays, and before 8:30 am or after 5:00 pm on Saturdays, at any time on Sundays, and at any time on the following holidays: New Year's Day, Martin Luther King, Jr.'s Birthday (observed), Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

Similarly, construction as described above, for activities occurring at a distance of more than 1,000 feet from an occupied residence before 7:00 am or after 10:00 pm on weekdays, and before 8:30 am or after 6:00 pm on Saturdays, at any time on Sundays, and at any time on the following holidays: New Year's Day, Martin Luther King, Jr.'s Birthday (observed), Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. Construction activities of an emergency nature to make repairs to a public facility, road, water and/or sewer line, or utility line/facility shall be exempt from this subsection, provided that any other relevant county, state and/or federal requirements are met.

Any variations to the above referenced hours of operation for construction activities may be requested, in writing, at least 48-hours prior to the proposed operation, for consideration by the Director of the Environment and Community Development Department of Fulton County. Such a request shall state 1) the reasons that such a variation from the allowable work hours is needed, 2) the impact that the denial of this request will have on the applicant's project and the surrounding properties, 3) the steps which have been taken by the applicant to communicate those needs and impacts to owners of surrounding and nearby properties, and 4) the steps that have or will be taken to limit the impact of the proposed activity upon surrounding and nearby properties. If the director finds that the application adequately demonstrates the need for a variation from the above allowable work hours and adequately provides for the amelioration of the impact upon surrounding and nearby properties, permission shall be granted for one variation within one 24-hour period. If no complaints are received regarding noise associated with applicant's activities during the additional work time allowed by the director, the director may grant for that project one additional variation in any 24-hour period.

(11)

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

(12)

Hawkers, peddlers and vendors. The shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood.

(13)

Noise 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.

(14)

Transportation of metal rails; similar materials. The transportation of rails, pillars, or columns of iron, steel, or other material over and along streets and other public places so as to cause loud noises or as to disturb the peace and quiet of those streets or other public places.

(15)

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 the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.

(16)

Sound tracks. 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 hours and in places and with volume as would constitute this use as a public nuisance, provided that the provisions of this section shall not apply to or be enforced against:

a.

Any vehicle of the county while engaged in necessary public business;

b.

Excavations or repairs of streets by or on behalf of the city, county, or state at night when the public welfare and convenience renders it impossible to perform such work during the day; or

c.

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

(c)

Upon finding of guilt for the violation of this section, the offender shall be subject to imprisonment in a county work camp for a term not exceeding one month or by fine not exceeding $500.00, or both.

(Code 1983, § 34-1-4; 90-RCM-249, 3-21-90; Res. No. 04-0263, 2-18-04; Res. No. 05-1488, 2-1-06)

State law reference

Maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b).