AMENDMENT TO. BRANTLEY COUNTY NOISE CONTROL ORDINANCE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF BRANTLEY COUNTY, GEORGIA: Section 1. Section 2 of the Brantley County Noise Control Ordinance entitled “Loud, Offensive and Disturbing Noises Prohibited” is amended by deleting Section 2 in its entirety and inserting the following language in lieu thereof: Section 2, LOUD, OFFENSIVE AND DISTURBING NOISE PROHIBITED. a) It shall be unlawful for any person to make or continue to make any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, or injures, or endangers the comfort, repose, health, peace of safety of others in Brantley County, Georgia; and b) The noise complained of shall not be fanciful of such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable person. Section 2. Section 3 of the Brantley County Noise Ordinance entitled “Definitions of Loud, Offensive and Disturbing Noises” is amended by deleting Section 3 in its entirety and inserting in lieu thereof the following: Section 3. DEFINITIONS The following words, terms and phrases when used in this Ordinance shall have the meaning ascribed to them in this Section 3, except where the context clearly indicates a different meaning: “Board of Commissioners” shall mean the duly elected Board of Commissioners; "Brantley County” shall mean the unincorporated area of Brantley County, a political subdivision of the State of Georgia; “Hour” shall refer to Eastern Standard Time zone on daily saving time, whichever is appropriate for days, months, of the year. “Noise” shall mean the type of noises delineated in Section 4 of this Amendment to the Ordinance; “Neighboring Inhabitant” shall mean people who live within or occupy a residence within 1000 feet from the building, structure, vehicle or site in which the noise emanates; and“Person” shall mean an individual, corporation, partnership, association or other legal entity but does not include the State of Georgia or any political subdivision thereof. Section 3. Section 4. The following new section entitled “LOUD, DISTURBING AND UNNECESSARY NOISE” is inserted as Section 4. Section 4. LOUD, DISTURBING AND UNNECESSARY NOISE (a) The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this Ordinance, but this enumeration shall not be deemed to be exclusive: (1) 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 1000 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section. (2) 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. (3) 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, church, dwelling, motel or other type of residence or of any persons in the vicinity. (4) Defect in vehicle or load. The use of any automobile, truck, motorcycle, or vehicle creating loud and un-muffled sounds, between the hours of 11:00 p.m. and 7:00 a.m. in a manner that is plainly audible at a distance of 500 feet and which effects the comfort and repose of any person in a building,church, Neighboring Person of a dwelling or residence or create loud and unnecessary grinding, rattling, or other noise. (5) Schools, public buildings, and places of worship. The creation of any excessive noise on any street adjacent to any school, institution of learning, place of worship, or public buildings, while in use, provided that conspicuous signs are displayed in those streets indicating a school, a public building and place of worship. (6) Hawkers, peddlers and vendors. The shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood. (7) 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. (8) 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. (b) The pro. ns of this section shall not apply to or be enforced against: (1) Any vehicle of the governmental entity while engaged in necessary public business; (2) 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 (3) The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character. Section 4. The Brantley County Noise Ordinance is further amended by adding a new Section 5. “STANDARD FOR DETERMINING VIOLATIONS’ to read as follows: Section 4. STANDARD FOR DETERMINING VIOLATIONS. The standards which shall be considered in determining whether a violation of this Ordinance exists shall include, but not be limited to, the following: (a) The volume of noise; (b) The intensity of the noise;(c) Whether the nature of the noise is usual or unusual; (d) Whether the origin of the noise is natural or unnatural; (e) The volume and intensity of the background noise, if any; (f) The proximity of the noise to residential sleeping facilities; (g)The nature of the area within which the noise emanates; (h)The density of inhabitation of the area within which the noise emanates; (i) The time of day or night the noise occurs; (j) The duration of the noise; (k) Whether the noise is recurrent, intermittent or constant; and () Whether the noise is produced by a commercial or noncommercial acti Section 5. Section 4 entitled “ENFORCEMENT” is renumbered from Section 4 to Section 6. Section 6. Section 5 entitled “PENALTY” is renumbered from Section 5 to Section 7. Section7. Section 6 entitled “COURT PROCEEDINGS" is renumbered from Section 6 to Section 8. Section 8. Section 7 entitled “EFFECTIVE DATE” is renumbered from Section 7 to Section 9. Section 10. This Amendment to the Brantley County Noise Control Ordinance shall take effect from and after the date of its passage and ratification by the Board of Commissioners of Brantley County, Georgia. Section 11. CONFLICTING ORDINANCE: All ordinances and parts of ordinances in conflict herewith are hereby repealed. THIS ORDINANCE READ AND ADOPTED by the Chairman and Board of ‘Commissioners of Brantley County, Georgia at their regular meeting on the 10 day of -Pugust 2010. BY: (L20¢ —— Ronald E. Ham, Chairman ATTEST: Dale Halligan, Glerk