Sounding Off About Noise

On Monday, February 1st, the Hyde County Board of Commissioners will consider an amendment to the Ocracoke Noise Ordinance. This issue has come to the attention of county management because of a recent lawsuit.

Sean and Laurie Death, owners and operators of Ocracoke Bar and Grille, have an ongoing disagreement with Ann Ehringhaus, who owns Oscar’s House B&B, which is across the street, regarding the level of sound coming from Ocracoke Bar and Grille.

The current noise ordinance, which was amended in 2011 after being unaltered for 10 years, could potentially be changed again to reflect new guidelines and parameters. County Manager Bill Rich explained the quiet 2011 alteration to the document has caused some confusion and went on to detail what has led up to this point.

Prior to 2011, any violation of the noise ordinance that resulted in a citation was classified as a criminal offense and therefore could be prosecuted by the County or State. In 2011, that criminal offense classification was changed to a civil disagreement classification, meaning noise ordinance violations were handled between the parties and could not be prosecuted by the County or State.

The change took enforcement of the ordinance out of the Sheriff’s Department’s hands and any disputes regarding noise ordinance violations were handled as civil cases. When Ann Ehringhaus originally took Sean and Laurie Death to court, it was thought violations of the noise ordinance were criminal offenses, so the County prosecuted the Deaths. The County won the initial case, which was immediately appealed by the Deaths' attorney. The trial then went to Superior Court where the presiding judge realized the noise ordinance, as it stands now, does not allow for criminal charges to be filed in noise violation cases since offenses are described as civil disputes. Because of this the entire case was thrown out.

Tensions have grown between the two parties, and now the entire community has become involved. Sean Death believes that “unreasonable, narrow vision will result in unintended consequences,” for the entire community.

When Ehringhaus made the Deaths aware of her concerns regarding the noise levels, the Deaths say that they immediately tried to come up with a way or ways to make her satisfied while also keeping in line with their business plan. They raised the fencing in front of their business to deter people from gathering out front where noise could more easily travel, solid doors and windows were installed to keep more sound inside, live music and the use of speakers ends at 9:50pm, drum sets are prohibited use during live performances, and if patrons becomes too loud they are asked to leave.

“We’ve done all these things to be the best neighbors we can be. Early on we offered to outfit her apartment (with noise-muffling curtains and buffers) to see how it would do. Had it worked we would’ve outfitted her entire business,” Sean said.

Worried that any changes to the current noise ordinance could negatively impact tourism, many residents, business owners, and visitors have voiced their opinions and concerns.

“We don’t need to be like everywhere else,” said Steve Wilson, an Ocracoke native and owner of Dream Girl Fishing Charters.

Ashley Harrell, owner of Gaffers Sports Pub, said, “This is going to impact far more people than the two original parties.”

Ashley, along with Gaffers employee Megan Spencer, created an online petition and public letter. Both began circulating Friday night, and the petition urges anyone opposed to an amended ordinance sign to show his or her support. 

As the current ordinance states, quiet hours are defined as beginning at 10pm and ending at 7am. During these quiet hours, noise levels considered too loud are subjective, meaning no designated decibel or base volume has been established to determine if someone or something is producing an unacceptable amount of noise.

In the proposed ordinance before the Board of Commissioners, a sound that “creates a noise disturbance that is sustained for a period of at least 15 seconds and/or recurring in excess of 55 decibels or within a noise sensitive zone, except for emergency work,” will be considered a noise ordinance violation. Daytime readings, which would be taken between 7am and 10pm as they are now, allow for noise levels to reach 70 decibels. Decibel level readings are done from either the property where the complaint originated, or 25 linear feet from where the noise originates.

Many residents and business owners fear visitation to Ocracoke and revenue will significantly diminish if the amended noise ordinance passes. Live music, which ends at 10pm at outdoor venues is a huge draw for those visiting Ocracoke. A vocal number of residents and business owners feel visitors will not be able to enjoy themselves if there are more rules put in place, especially if those rules could result in fines and criminal charges. 

“This whole thing is absurd,” said Steve Wilson. “We’ve really hit an all-time low if we have to be told what’s right and what’s wrong; I believe the key in all this is tolerance.”

County Manager Bill Rich, who lives next to an outdoor venue, said he really enjoys listening to live music, and people “...should be able to sit outside and enjoy themselves after 10pm. But if they get too rowdy they will be issued a citation.”

Marissa Gross, owner of Down Creek Gallery, posted an online statement expressing her concern over the new ordinance.

“Please take this seriously, residents of Ocracoke Island and visitors alike," she wrote. "I believe a cricket registers at 30 decibels. The musicians of this community should be able to continue to have a livelihood, and we should be able to enjoy live music, outdoors, on beautiful summer evenings. I find this entire dilemma to be embarrassing to our community as a whole.”

Melinda Sutton, who has owned Tradewinds Tackle for 13 years, wondered why more research hasn’t been done to gain knowledge of average noise levels within the village.

“I feel it’s in the county’s best interest to let them (the Deaths and Ehringhaus) compromise.”

Sutton said she believes this is a “private argument that turned into a community issue. We don’t want to have to choose sides; both sides have valid points. It bothers me that I don’t feel logic has happened. Where’s the scientific evidence?”

Steve Wilson also expressed concern about how business owners may start treating each other if the ordinance passes. “This encourages bad competition and the part of our human nature that most of us don’t like to see in ourselves," he said.

County Manager Bill Rich said his assistant and sheriff’s deputies went around the village in December to get decibel level reading, but he thinks further research would be beneficial to the community. Since local decibel levels were not taken and recorded in various seasons and conditions, the Hyde County Board of Commissioners looked to noise ordinances adopted by other coastal communities.

The following are a few examples of other local noise ordinances, which were detailed by County Manager Rich:

The daytime noise level in Beaufort County can max out at 60 decibels from 7am-10pm, and is decreased to 50 decibels from 10pm-7am in residential areas, and 75/60 decibels for business areas during daytime and nighttime hours respectively. Kill Devil Hills has adopted similar rules. In residential areas between 7am and 11pm, noise levels can reach 60 decibels, and are decreased to 55 decibels at night. Businesses are allowed to reach 75 decibels during daytime hours and must remain under 65 decibels from 11pm-7am. Nags Head also has separate regulations for residential and business zones, but they also extend daytime noise levels to midnight on Friday and Saturday. Their normal daytime hours begin at 7am and end at 11pm, Sunday through Thursday. Currituck allows daytime noise to go to 60 decibels Monday through Thursday, and up to 65 decibels Friday-Sunday. Nighttime noise levels everyday can reach 50 decibels before being in violation of their noise ordinance. Bald Head Island has quiet hours from 11pm-7am, but their guidelines are not based on decibel levels. If complaints are made by people on two separate properties against those on another property, or people at one property and one police officer make a complaint about the same property, the people who have been complained against will be in violation of the noise ordinance.

Rich also explained Ocracoke is protected by a noise ordinance, whereas many of the other communities previously listed have residential and business zones.

“Subjective rules allow for chaos without guidelines in place,” he said.

As an example, Mr. Rich brought up the auction of the Silver Lake Motel and Jolly Roger Restaurant, and what could happen if no rules or guidelines were in place when a new owner takes over. He said without a noise ordinance and noise level limits, live music could carry on throughout the night, potentially disturbing visitors and residents. He talked about extending daytime hours beyond 10pm.

“I don’t have a problem with 11pm, but we have to have something that is measureable and enforceable,” he said.

Rich also said the Board of Commissioners was, “asked by the Hyde County Sheriff’s Department and a Superior Court judge to improve the noise ordinance already in the books.”

“The community seems to be disagreeing about the newly-written noise ordinance. That in and of itself should mean we need more discussion,” said Joelle LeBlanc, owner of Ocracoke Coffee Company.

Several business owners also explained that they are deeply worried about the wording of the new ordinance, and how that wording could impact the nightlife.

Ashley Harrell said, “Do one year of research. The noise ordinance is worded to shut down everything, and there’s a need for businesses to stay open and serve visitors and residents.”

Bill Rich acknowledged this concern, saying, “people can go out late to indoor establishments,” and continued by saying many outdoor venues close at 10pm as it is now, so they will not be negatively affected by the proposed amendment.

“A noise ordinance beginning at 11pm is practical and reasonable,” said Steve Wilson. “And there shouldn’t be a noise ordinance from 7am through 11pm from Memorial Day to Labor Day. The off-season could be more restricted, so no ordinance from 7am until one hour after sunset.”

“This ordinance isn’t going to do anyone any good,” said Sean Death.

Melinda Sutton suggested a mediator be brought in to work with the two parties because, “It has to come down to a compromise, and I don’t think this is a compromise.”

Death said, “I’d be open to having a mediator to take the heat off the community,” with the hope that, “more [in number] reasonable people can be involved.”

Anyone can make a public comment at the February 1st Board of Commissioners meeting. The meeting will begin at 6pm in the Ocracoke School commons.