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<br />(b) The following acts, among others, are declared to be loud, disturbing
<br />and unnecessary noises in violation of this article, but such enumeration
<br />shall not be deemed to be exclusive, namely:
<br />
<br />(1) The sounding of any horn or signal device on any automobile, motorcycle,
<br />bus or other vehicle while not in motion, except as a danger signal if
<br />another vehicle is approaching apparently out of control, or if in motion
<br />only as a danger signal; the creation by means of any such signal device of
<br />any unreasonable loud or harsh sound; and the sounding of such device for an
<br />unnecessary and unreasonable period of time.
<br />
<br />(2) The playing of any radio, phonograph or any musical instrument in such a
<br />manner or with such volume, particularly during hours between 11:00 p.m. and
<br />7:00 a.m. as to annoy or disturb the quiet, comfort Or repose of any person
<br />in any dwelling, hotel or other type of residence.
<br />
<br />(3) The use of any automobile, motorcycle, or vehicle so out of repair, so
<br />loaded or in such manner as to create loud or unnecessary grating, grinding,
<br />rattling or other noise.
<br />
<br />(4) The creation of any excessive and unreasonable noise on any street
<br />adjacent to any school, institution of learning, library or court while the
<br />same is in session, or adjacent to any hospital, or any church services,
<br />which unreasonably interferes with the working' of such institution.
<br />
<br />(5) The shoutin9 and cryin9 of peddlers, hawkers, vendors, which disturbs the
<br />quiet and peace of the neighborhood.
<br />
<br />(6) The use of any drum, loudspeaker or other instrument or device for any
<br />performance, show, sale, display or advertisement of merchandise, or any
<br />other commercial or noncommercial purpose, unless a permit for sound
<br />amplification has been obtained from the Sheriff's Department in accordance
<br />with section 30-28 of this article.
<br />
<br />(7) The display of fireworks after the hour of 9:00 PM, Sunday through
<br />Thursday, and after the hour of 11:00 PM, Friday and Saturday. Exception is
<br />made for New Year's Eve, when fireworks may be displayed until 12:45 AM on
<br />New 'Year's Day, and for Independence Day, when fireworks may be displayed
<br />until 11:00 PM.
<br />
<br />Sec. 30-28. Permits for sound amplificatio~
<br />(a) Application. The application for a permit for sound amplification under
<br />section 30-27 may be obtained from the Sheriff's Department or the Clerk to
<br />the Board of County Commissioners. Completed applications shall be submitted
<br />to the Sheriff's Department at least fifteen (15) working days in advance of
<br />the planned use except in case of emergency.
<br />
<br />(b) Review. The application shall be reviewed by the Sheriff or the
<br />Sheriff's designee. The applicant will be notified of the approval or denial
<br />of the permit within three working days from the time the application was
<br />filed. If the application is approved, the permit shall include, among other
<br />things, the name or names of the individual person or persons who shall be in
<br />control of the sound amplification equipment and the date, time and nature of
<br />the event. If the permit is not granted, the reason for the denial shall be
<br />put in written form and delivered to the applicant.
<br />
<br />(c) Denial; exceptional permit. If an applicant has been denied a permit under
<br />this section and believes the denial is illegal by virtue of applicable, state
<br />or federal law, he shall promptly submit a copy of the denied permit
<br />application together with a short statement of the reasons he believes he is
<br />entitled to a permit .to the Sheriff. The Sheriff shall have the discretion to
<br />grant an exceptional permit waiving locational and time requirements, upon
<br />his determination that the applicant has made a substantial showing of legal
<br />entitlement.
<br />(Ord. of 6-7-82, ~ 1)
<br />
<br />Adopted by the Cabarrus County Board of Commissioners this the 19th day of
<br />February, 2001.
<br />
<br />ATTEST:
<br />/s/ Frankie F. Bonds
<br />
<br />Frankie F. Bonds
<br />Clerk to the Board
<br />
<br />/s/ Arne L. Fennel
<br />
<br />Arne L. Fennel, Chairman
<br />Board of Commissioners
<br />
<br />
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