§ 50-257. Enumeration of prohibited noises.

The following acts are declared to be loud, disturbing and unnecessary noises in violation of this article; 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 unincorporated areas of the county, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device and the sounding of any device for an 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, musical instruments. The using, operating or permitting to be played, used or operated of 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 the convenient hearing of a person, not hearing impaired, who is within 40 feet of the device if outdoors, or 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 device if outdoors, or 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this article.

(3)

Loudspeakers, 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, etc. 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, 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. This section shall not apply to horses, livestock, poultry or other farm animals, provided they are maintained in accordance with county zoning regulations or ordinances.

(6)

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

(7)

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

(8)

Construction or repair of buildings. 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, steam or electric hoist, electric saws, drills or any other equipment attended by loud noise, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday.

(9)

Streets adjacent to schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which interferes with the normal operation of that institution, or which disturbs patients in the hospitals, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.

(10)

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

(11)

Noises 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.

(12)

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.

(13)

Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles during hours and in places and with such 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 in the unincorporated areas 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 public welfare and convenience renders it impossible to perform such work during the day.

c.

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

(14)

Motorcycles, go-carts and other motor vehicles. The operation of a motorcycle, motorized scooter, go-cart or other motorized vehicle in a manner which creates excessive noise, including the continuous riding of any such vehicle past, around or near an inhabited dwelling place so as to disturb its inhabitants.

(15)

Consumer fireworks. The use or exploding of consumer fireworks between the hours of 9:00 p.m. and 10:00 a.m., except on the dates, and at the times, explicitly specified in chapter 10 of title 25 of the O.C.G.A. (O.C.G.A. § 25-10-1 et seq.).

(Ord. of 10-12-82, § 2(b); Code 1977, § 3-18.5-3; Ord. of 9-10-02; Ord. of 7-27-04; Amd. of 2-23-10; Amd. of 2-27-18)

State law reference

Limits on volume of mechanical sound making devices located within motor vehicles, O.C.G.A. § 40-6-14; motor vehicle mufflers, O.C.G.A. § 40-8-71; boat mufflers, O.C.G.A. § 52-7-10.