18-3. Loud And Disturbing Noise Prohibited.
Subject to the provisions of this section, it is prohibited in Henderson County to create, cause or
allow the continuance of any unreasonably loud, disturbing noise. Noise of such character,
intensity and duration as to be detrimental to the health, safety or welfare of any reasonable person
of ordinary firmness and sensibilities in the vicinity is prohibited. For the purposes of this section,
the following definitions shall apply:
"Unreasonably loud": noise which is substantially incompatible with the time and
location where created to the extent that it creates an actual or imminent interference with
peace and good order.
"Disturbing": noise which is perceived by a person of ordinary firmness and sensibilities
as interrupting the normal peace and calm of the area.
In determining whether a noise is unreasonably loud and disturbing, the following factors incident
to such noise are to be considered:
Time of day;
Proximity to residential structures;
Whether the noise is recurrent, intermittent or constant;
The volume and intensity;
Whether the noise has been enhanced in volume or range by any type of mechanical
The nature and zoning of the area;
Whether the noise is related to the normal operation of a business or other labor activity
or is the result of some use for individual purposes; and
Whether the noise is subject to being controlled without unreasonable effort or expense to
the creator thereof.
The following acts, among others, are declared to be loud and disturbing in violation of this
section if they annoy or disturb the quiet, comfort or repose of any reasonable person of ordinary
firmness and sensibilities in the vicinity where created, caused, or continued, but this enumeration
shall not be deemed to be exclusive.
The use of any loud, boisterous or raucous language, yelling, or shouting, whether or not
The congregation of persons at and participation in any party or gathering of people from
which noise emanates of a sufficient volume or of such nature as to disturb the peace,
quiet and comfort of any reasonable person of ordinary firmness and sensibilities in the
The keeping, owning, possessing, harboring or controlling of any animal or bird which
barks, bays, yelps, howls, cries, squawks or makes any other unreasonably loud,
disturbing noise continuously or incessantly for a period of 10 minutes or intermittently
for a period of 30 minutes or more, thereby causing a noise disturbance.
See also Henderson County Code Chapter 16, Animals.
The playing of any radio, television, phonograph, drum, musical instrument, or sound
production, reproduction or amplification equipment in such manner or with such
volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., so as to annoy
or disturb the peace, quiet, comfort or repose of any person of ordinary firmness and
sensibilities in the vicinity.
The playing of any radio, cassette player, compact disc, or other similar device for
production or reproduction of sound located in or on any motor vehicle on a public street,
highway, within a public vehicular area, within the motor vehicular area of any public or
private parking lot or park or on the premises of a private residence in any unreasonably
loud or disturbing manner as defined above.
The intentional sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle except as a danger signal or as required by law, so as to create any
unreasonably loud or disturbing noise as defined above, or the sounding of such a device
for an unnecessary and/or the sounding of such a device for an unreasonable period of
The operation of any automobile, motorcycle or other vehicle, or remote control model
vehicle in such a manner as to create loud grating, grinding, rattling, screeching of tires,
or other unreasonably loud or disturbing noise.
The repair, rebuilding or testing of any motor vehicle, particularly during the hours
between 11:00 p.m. and 7:00 a.m., which creates unreasonably loud and disturbing
Operating or permitting the operation of any motor vehicle or motorcycle not equipped
with a muffler or other device in good working order so as to effectively prevent loud or
explosive noises therefrom or which has its muffler-exhaust or other noise control
equipment removed, altered or maintained in such disrepair as to create unreasonably
loud and disturbing noises.
Operating or permitting the operation of any motor vehicle or motorcycle that engages in
jackrabbit starts, spinning tires, racing engines or other operations which create
unreasonably loud and disturbing noises.
The creation of any excessive noise on any street adjacent to any school, institution of
learning, library or sanitarium, or court while the same is in session, or adjacent to any
hospital or any church during services, which unreasonably interferes with the working of
The firing, shooting or discharging of any firearm for the sole purpose of making noise or