Raleigh City Codes
Raleigh City Codes you need to know
First, any establishment providing Amplified Entertainment REQUIRES a permit (AEP- Amplified Entertainment Permit)
“Sec. 12-2117. PERMIT REQUIRED.
All establishments located in Raleigh and providing amplified music or other amplified entertainment shall possess an amplified entertainment permit or shall comply with the requirements applicable in the hospitality district in which the establishment is located. Religious worship facilities and schools are exempt from the provisions of this division. Any establishment located outside a hospitality district and providing amplified entertainment four (4) or fewer times a year is also exempt from the provisions of this division.”
So how is Amplified Entertainment defined?
“Sec. 12-2118. DEFINITIONS. Amplified entertainment shall mean any type of music or other entertainment delivered through and by an electronic system. Televisions operating with no amplification other than their internal speakers and background music systems operated at a low volume and not intended for entertainment shall not be deemed amplified entertainment.
How is a Noise Violation Determined?
“Sec. 12-5006. – UNLAWFUL NOISE.
In addition to any other violation of this Code, it shall be unlawful to emit, or to cause or permit to be made, any unreasonably loud, annoying, frightening, loud and disturbing or unnecessary noise. Specifically, it shall be unlawful to emit noise of such character, intensity or duration as to be detrimental to the life or health of reasonable persons of ordinary sensibilities.
Factors to consider in determining whether a violation exists include, but are not limited to:
a) The volume of the 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 and zoning of the area within which the noise emanates;
h) The density of the inhabitation of the area within which the noise emanates;
i) The time of the day or night the noise occurs;
j) The duration of the noise;
and, k) Whether the noise is recurrent, intermittent, or constant.”
What are the Penalties for those who violate the ordinance?
“Sec. 12-2124. PENALTIES.
(a) Violations of any of the provisions of this division will result in the following civil penalties:
(1) First offense in any twelve-month period …..$500.00
(2) Second offense in any twelve-month period …..$1,000.00
(3) Third offense in any twelve-month period …..$5,000.00
(4) Fourth offense in any twelve-month period …..One year suspension
Any Police Officer may issue a notice of violation assessing civil penalties under this section for a violation of any of the provisions of this division. The City Manager or his designee shall issue a notice of hearing to suspend or revoke a permit.
(b) A violation that occurs or continues three (3) or more hours after an earlier violation shall constitute a new violation punishable as a separate offense.
(c) Upon the issuance of a written notice of a first, second, or third violation, the holder of the amplified entertainment permit shall have fifteen (15) calendar days to provide a written appeal of the notice and to provide additional written or electronic materials in support of the appeal to the City Manager or his designee. The permittee may review the evidence that is the basis of the violation during the City’s normal business hours. The City Manager or his designee shall review any additional information provided and shall issue a written decision determining whether a violation has occurred.
(d) A hearing shall be held at the office of the City Manager or his designee prior to the suspension or revocation of an HDEP, amplified entertainment permit, or permit allowing outdoor amplified entertainment. The permittee shall have the opportunity to question witnesses, present evidence, and may be represented by an attorney. Upon termination of the hearing, an Order shall be issued by the City Manager or his designee, which shall include Findings of Fact and Conclusions of Law.
(e) An appeal may be made to the City Council within twenty-one (21) calendar days after the City Manager’s decision (or the decision of his designee) was mailed to the permittee. The scope of the City Council’s review shall be limited to verifying the facts supporting a written decision or Findings of Fact made on a suspension. If the City Council finds that the facts as found are correct, the civil penalty or suspension shall not be disturbed.
(f) If a person fails to pay any civil penalty within thirty (30) days after the decision becomes final, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt.
(g) In addition to civil penalties and permit suspension, a violation of this division is a misdemeanor and may also be enforced through injunctive or other equitable relief, or a combination of remedies.”