Press release from City of Asheville:
The City of Asheville’s Noise Ordinance revisions are getting closer to Council consideration. But before staff brings them to Council, we want to bring them to you, our residents.
Visit the City’s informational webpage about the Noise Ordinance to review the draft revisions and take a survey about the draft.
These Noise Ordinance draft revisions have been over a year in the making, in a process that included extensive engagement with neighborhoods, businesses and industries.
As Asheville continues to develop and grow, the City of Asheville recognizes the need to revisit and update the current municipal ordinance governing excessive noise in the City limits. Comprehensive changes to the Noise Ordinance were last made in 2000.
In February 2019, the City’s Development Services Department undertook the process of updating the Noise Ordinance (UDO Chapter 10 – Article IV). City staff engaged residents, business owners, industrial, and institutional operators in a public process to identify and prioritize noise concerns and develop clear and enforceable thresholds for noise generation. A comprehensive review of that engagement is reflected on the informational webpage.
Top noise issues that emerged from the engagement relate to:
- Construction;
- Refuse collection;
- Commercial and Industrial Equipment;
- Music over-amplification from venues, outdoor events and buskers;
- Fireworks;
- Vehicle exhaust and engine revving;
- Residential Neighbor and lawn equipment; and
- Dogs and animals
Proposed changes in a nutshell
Here are some of the ways the proposed noise ordinance differs from the current noise ordinance:
- Establishes objective decibel standards and clarifies sound measurement criteria for commercial and industrial noise sources.
- Restricts construction in all districts to 7 a.m. – 7 p.m., Monday – Saturday; requires an after-hours permit for construction outside of these times.
- Establishes new permitting requirements for music venues.
- Establishes new permitting requirements for sound events that will exceed the noise ordinance, including commercial fireworks displays.
- Replaces Noise Ordinance Appeals Board process with objective decibel limits and Music Venue and Sound Exceedance permitting for commercial and industrial sound sources.
- Increases escalating civil penalties for noise violations from $50/$100/$200/$300 to $100/$200/$300/$500.
The proposed changes are expected to go before City Council in February 2021. Prior to that, you, our residents, are invited to review the draft Noise Ordinance revisions and fill out our survey about the proposed changes. The public comment period will remain open until Dec. 4, 2020. Visit this link to review the draft Noise Ordinance revisions and take the survey. Thank you for your time!
By far, my biggest noise-related complaint in Asheville is the plethora of modified trucks to intentionally make noise.
I have never seen (really heard) so many in one geographical area.
Is there something in the water in that stunts the emotional growth of men in this area; maybe it supercharges their testosterone; don’t know.
At any rate, it can often times be more than annoying
I doubt APD will conduct any enforcement on this issue even with the new ordinance; difficult to catch/prove and will alienate some of those that support them.
If AVL wants to continue its reign of an artsy and fun place to live and visit there should not be any severe restrictions to live music venues and concerts. Especially for venues that were here before all these new apartments and housing have gone up.
1) You did not contact me- for input – I have lived in the center of town over a year
2) You mention the “Street Performers” Guide- but I do not see where it is part of the ordinance – so – as now- is unenforceable
3) I need to talk with you to see how you address the routine setting up of drum sets- and Bongos being hit with large sticks- the same rhythm – over and over for hours – the huge noise- not busking – not music- but noise –that I hear inside this condo sometimes for over 3 hours constantly- and the person with the bongos- refuses to hit them quieter-
4) How specifically can we stop these loud noises-drums and amps that drive OUT the buskers — ruining Pack Square area. Even the buskers are upset… have you addressed this ?
5) This ordinance must be cleared with the police department and the district attorney’s office- because right now- we are told no one can do anything.. that is obviously not true – the present ordinance does allow for them to act on noises heard in residences.. but they now do not act.. other than to talk to the person-a nd then walk away.. there is no enforcement of the noise ordinanace.
6) Vehicles: Usually after 11 -PM – the really noisy backfiring – revving vehicles go thru town.. and of course during demonstrations it is ridiculous. I do not see the police force stopping anyone– some of these vehicles are very very loud. But no enforcement- they have the tools now- they don’t enforce– they must be partners in enforcement- or this ordinance will be nothing at all .
6) So- what do we do when the police force does not enforce? Is there any way to strengthen the civil system? Can you include any remedy – for help in civil prosecution– I can tell you that I will pursue this- these drummers are driving me and my family crazy- This has to stop. The loud music – is music- and not so disturbing- but these single drum sets- not baffled as is recommended in “Street Performers” – this is pure noise…are making life miserable when the hit these drums for hours. Buskers want close listeners and not being loud to have their contributors close by- The drummers are not to be considered buskers. I think that should be addressed. We moved here to enjoy buskers and now the drum circle people (only a few) beat the hell out of drums right across the street- and bongos across from the Jackson Building– and enforcement does nothing until after 10 or 11..
7) We could really use a statement that the police are also people of “reasonable person of normal sensitivity” Of course the courts have found that to be true- but locally they may say that we- the citizens- must complain first. I think that is NOT true- the police person should have the authority to enforce the noise ordinance- as a “reasonable person of normal sensitivity”
8) I wish you could actually have this as the police duty… since they are so reluctant to enforce. I shall be the duty of the Asheville Police to routinely monitor the noises by buskers and others and enforce as appropriate the ordinance. The police force is rarely walking around- the streets in the core- talking with tourists- talking with buskers and keeping the noises down… I have been very disappointed in the police force.. that they do not get out of the cars unless something is happening… WHERE ARE THE DOWNTOWN POLICE OFFICERS WALKING THE STREETS ? I was Police officer–in 2 other states– I walked the core of the cities- I walked in the bars- into the businesses– I talked to tourists.. I felt that was my job – as well as having a car and responding to emergencies.
I would welcome talking to you- I also am sending the ordinance to the HOA for the ARRAS and hopefully we will find time in this pandemic- to go over the ordinance more- and provide other feedback. Right now- it appears – on a quick view- that your proposed noise ordinance — will have me wanting to move- or attack the drummers- neither is the solution I would like to see. Thank you for doing this revision– please do what you can to help us – residents in town- from this “disturbing”– not “busking” noise