Professional Documents
Culture Documents
September 28,
2015
Second Reading:
Third Reading:
Public Hearing:
STATE OF SOUTH CAROLINA
)
COUNTY OF FAIRFIELD
)
)
ORDINANCE NO. 655
Continuous sound levels from a facility or property shall not exceed the
maximum limits established in Table I, as measured from the nearest
property line occupied by the complainant within the specified areas:
Table 1
Maximum Sound
Level
Location Receiving the Noise Hours of the Day
Weighted Decibels
In a residential area
6:00 a.m. to 10:00 p.m.
10:00 p.m. to 6:00 a.m.
In a non-residential area
In A70 dBA
65 dBA
75 dBA
70 dBA
(2)
(3)
For any source of impulsive sound, the maximum sound level limits in
Table 1 shall be increased by 10 dBA from 6:00 a.m. to 10:00 p.m.
(C) Exemptions: The following are exempt from action pursuant to this
Ordinance.
(1)Noise arising from normal farm or agricultural activities, including the use
of agricultural equipment, farm animals and logging activities.
(3)
A copy of the permit of variance must be kept on file by the County
Planning and Zoning Department for public inspection.
(4)
The County shall charge the applicant a fee of $100.00, to be paid at
the time the application is submitted, to cover expenses associated with
the processing of the permit of variance application.
(5)
The County may, at its discretion, limit the duration of the permit
variance, which shall be no longer than 1 year.
(6)
The County shall not approve a variance unless the applicant presents
adequate proof that:
(a) Noise levels occurring during the period of the variance will not
constitute a danger to public health; and
(b)Compliance with the Ordinance would impose an unreasonable
hardship on the applicant without equal or greater benefits to the
public.
(7)
In making the determination of granting a variance, the County shall
consider:
(a) The character and degree of injury to, or interference with, the health
and welfare or the reasonable use of property that is caused or
threatened to be caused;
(b)The social and economic value of the activity for which the variance is
sought; and
(c) The ability of the applicant to apply the best practical noise control
measures.
(8)
The County may revoke the permit of variance if the holder of the
variance permit violates its terms.
(9)
(10) Any person or business holding a permit of variance may apply for an
extension or new
permit of variance under the provisions herein. If
such an application is submitted within 14 days before the expiration of a
permit of variance, the variance shall remain in
effect until the County
takes action on the application.
(F) Violations. Any person deemed to be in violation of this Ordinance shall be
charged with a misdemeanor. A first conviction shall be punishable by a fine of
no less than $100.00 and no more than $200.00. A second and any subsequent
conviction shall be punishable by a fine of no less than $150.00 and no more
than $250.00, or imprisonment not exceeding 30 days, or both.
(G) Enforcement.
The Fairfield County Sheriffs Office shall enforce the
provisions of this Ordinance.
(a) In the enforcement of standards established in this Ordinance, an
enforcement officer may be required to exercise judgment in
determining if a particular noise annoys, disturbs, injures, or endangers
the comfort, repose, health, peace or safety of others and is in
violation of this article or is sufficiently loud or otherwise so offensive
that it would unreasonably disturb other persons in the vicinity.
(b)When making such determinations the enforcement officer shall
consider the following factors:
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.
g. The nature and zoning of the area within which the noise
emanates.
h. The time of day or night the noise occurs.
i. The duration of the noise.
j.
____________________________
Carolyn B. Robinson
Chairman, District 2
______________________________
Kamau Marcharia
Vice Chairman, District 4
____________________________
Daniel W. Ruff, III
Member, District 1
_______________________________
Walter Larry Stewart
Member, District 3
____________________________
Marion B. Robinson
Member, District 5
_______________________________
Mary Lynn Kinley
Member, District 6
_____________________________
William B. Smith, Jr.
Member, District 7
ATTEST:
______________________________
Shryll M. Brown
Clerk to Council