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191 use outdoor amplification for an event at his home (1100 Lentz-Harness Shop Road, N) on July 17, 1999 from 6:30 p.m. until 11:00 p.m. with the understanding that the noise level will be lowered immediately if any complaints are received by the Sheriff's Department during that time. Adoption of Amendment to the Cabarrus County Noise Ordinance to Deleqate Authority for Issuance of Outdoor Amplification Permits to the Sheriff UPON MOTION of Commissioner Fennel, seconded by Commissioner Carpenter and unanimously carried, the Board adopted the following Ordinance amending Article II, Chapter 30 of the Cabarrus County Code of Ordinances. Ordinance No. 1999-03 BE IT ORDAINED that Article II, Chapter 30 of the Cabarrus County North Carolina Code of Ordinances is amended to read as follows: ARTICLE II. NOISE Sec. 30-26.Penalty for violation of article. Any person violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-7. (Ord. of 6-7-82, § 2) Sec. 30-27.Enumeration of prohibited acts. (a)Subject to the provisions of this article, the creation of any unreasonable loud, disturbing and unnecessary noise of such character as would be a detriment to public health, comfort, safety, welfare and prosperity of the residents of the county is prohibited. (b)The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive, namely: (1)The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal; the creation by means of any such signal device of any unreasonable loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time. (2)The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during hours between 11:00 p.m. and 7:00 a.m. as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel or other type of residence. (3)The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise. (4)The creation of any excessive and unreasonable noise on any street adjacent to any school, institution of learning, library or court while the same is in session, or adjacent to any hospital, or any church services, which unreasonably interferes with the working of such institution. (5)The shouting and crying of peddlers, hawkers, vendors, which disturbs the quiet and peace of the neighborhood. (6)The use of any drum, loudspeaker or other instrument or device fcr thc ......... ~ ~~ ~A~ ~ ...... ~ ~ ~^ for any performance, show, sale, display or advertisement of merchandise, or any other commercial or noncommercial purpose, unless ~ ..... ~ ~ ~ ...... ~- ~ ~ ccmmissicnars ~ ~ .... ~ .... ......... ~ ...... a permit for sound amplification has been obtained from the Sheriff's Department in accordance with section 30-28 of this article. Sec. 30-28.Permits for sound amplification. (a)Application. The application for a permit for sound amplification under section 30-27 may be obtained from the Sheriff's Department or the Clerk to the Board of County Commissioners. Completed applications shall be submitted to the Sheriff's Department at least fifteen (15) workinq days in advance of the planned use except in case of emerqency. (b)Review. The application shall be reviewed by the Sheriff or the Sheriff's desiqnee. The applicant will be notified of the approval or denial of the permit within three workinq days from the time the application was filed. If