The Town of Hillsborough approved a new noise ordinance on Monday, an update 15 months in the making between the local government, downtown businesses and residents.
The measure, which the town’s Board of Commissioners passed unanimously, clarifies the hours when extensive amplified sound is allowed and establishes a civil penalty structure for those who repeatedly violate the ordinance.
Discussions around a noise ordinance update began in early 2020 when downtown Hillsborough residents filed complaints about amplified music coming from the Hot Tin Roof bar on Margaret Lane. Since then, law enforcement officials and town staff began discussions on how to adapt the ordinance previously adopted in 2015, which was based on decibel levels of noise.
Hillsborough Mayor Jenn Weaver spoke with 97.9 The Hill following the town’s adoption of the revised noise ordinance. She described the issue as a balance between Hillsborough’s residential and commercial communities in a growing area of town. She also said revision became needed when the town found businesses were following the ordinance, but the noise still reached and affected residents’ evenings.
“In the old ordinance,” Weaver said, “you could be abiding by the ordinance, but still causing disturbance to a residential area. So, it wasn’t a good situation for anyone and this is an attempt to remedy that.”
The town board’s approved changes now have more time-based criteria for regarding noise violations. The town added a section on amplified sound, which says amplified sound past 11 p.m. on Sundays through Thursdays and past midnight on Fridays and Saturdays will result in a violation if it can be heard at a complaining occupied residential property or business.
The new ordinance also establishes a civil penalty structure for violations over a 12-month period. First violations by a person or business will result in a warning, while second violations will be $50 fine and third violations will be $100. Fourth and subsequent violations during the same year-long period will result in $250 fines.
At the Board of Commissioners meeting Monday, many of the elected officials called the revised ordinance a compromise to the needs of downtown residents and businesses that develop the downtown atmosphere.
Commissioner Mark Bell is one of the elected officials who lives closest to the downtown region at the center of these noise discussions. He said 114 hours a week to have amplified sound, as well as the specified sound limits, seemed appropriate to him.
“I think the proposed cutoff times of 11 p.m. and midnight are reasonable,” said Bell. “I think there are people who would prefer lower limits and an earlier cutoff, but I think what you’re proposing is a reasonable compromise.”
Commissioner Kathleen Ferguson said while she believes this is fair solution, she expressed worries about the perception of Hillsborough’s downtown culture to the local music scene while these discussions were had over the last year.
“The damage is done, in terms of the feedback I’ve gotten from musicians,” Ferguson said. “It’s not that we’re going to be bypassed, it’s that we [already] are. They’re going to Roxboro, Durham, Burlington, Mebane, they’re just bypassing us. It’s a concern.”
Hillsborough Police Chief Duane Hampton responded to these comments, saying when he spoke with people he knows in the live music industry, artists and bands indicated they would play within the rules they are given by the venue or town government.
He also said law enforcement would be aware if residents or business owners attempted the “weaponize” the ordinance in any way, telling the elected officials
“With this ordinance, like any other ordinance, we’re still going to use a degree of reasonableness,” said Hampton. “If we’re realizing we’re getting calls about stuff that doesn’t really make sense, then we’re going to react to that. I wouldn’t be bringing this to you if I didn’t believe the citizens’ complaints are valid. The amount of sound having to be tolerated is ridiculous. I’ve been out there, I’ve listened to it.”
The noise ordinance changes became effective with Monday’s approval by the town commissioners. Hampton said law enforcement will bring an update back to the board of how the new system is operating after a period of implementation.
Photo via Visit Hillsborough NC.
Chapelboro.com does not charge subscription fees. You can support local journalism and our mission to serve the community. Contribute today – every single dollar matters.
Comments on Chapelboro are moderated according to our Community Guidelines