Avalon is a vibrant town with amenities serving residents and visitors. Outdoor activities, events and live music opportunities enhanced quality of life and the economy; however, it is important that these opportunities are presented with reasonable moderation. Unnecessary and excessive noises associated with live music, or special events can be offensive and injurious to health, welfare and the safety of the community.
Due to the limited physical area and the geographic nature of Avalon, special attention must be given to the balance between entertainment and residential needs.
A revised noise ordinance went into effect in October 2022. The ordinance establishes noise zones and sets regulations regarding the use of sound amplifying equipment based on the applicable noise zone. In addition, the ordinance requires a Special Use Permit for any amplified music or special event that may produce noise.
- Residential Property. The owner or long-term renter (occupant for a period of 30 days or more) within a dwelling unit, not a hotel or motel, is responsible for compliance.
- Residential Property - Transient Rental. When the property is occupied by a transient renter, the property owner is responsible for compliance.
No power tools or associated construction noise is permitted in any zone between the hours of 7:00 p.m. and 8 a.m., or at anytime on Sundays, unless it is for "Emergency Work" and an Noise Variance Permit has been granted.
Use of Sound Amplifying Equipment outdoors is restricted by Noise District:
No use of outdoor sound amplifying equipment (radios, musical instruments, tvs, or other machines) between the hours of 8:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible from the real property line of which the sound amplifying equipment is located.
District 2 and 3
No use of outdoor sound amplifying equipment (radios, musical instruments, tvs, or other machines) between the hours of 8:00 p.m. and 8:00 a.m. unless permitted by Special Use Permit.
No use of outdoor sound amplifying equipment (radios, musical instruments, tvs, or other machines) that reproduces sound in such a manner as to be plainly audible from 20 feet of the vessel or real property line of which sound amplifying equipment is located unless permitted by Special Use Permit.
A Special Use Permit is required for outdoor use of any sound amplifying equipment which produces or reproduces sound in such a manner as to be plainly audible from the property line in District 2, District 3, or Waterside/Harbor District.
The City Manager may approve, conditionally approve or deny a permit, and may establish conditions and limitations, including but not limited to hours of operation, public notification, use of noise control devices, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed special use.
A request for a Special Use Permit must be submitted to the City Manager's Office a minimum of 10 days in advance of a requested date.
Special Use Permit Restrictions
- Unless granted by variance, no Special Use Permit may be issued between the hours of 9:00 PM and 8:00 AM Sunday through Thursday, or 10:00 PM and 8:00 AM Friday and Saturday.
- No more than four (4) Special Use Permits may be issued to a location within District 3 each week.
- No more than two (2) Special Use Permits may be issued to a location within the Waterside/Harbor District each week.
Per the regulations outlined by the Noise Ordinance, any person violating any provision of the ordinance is guilty of an infraction for the first instance. A Notice of Violation will be provided to the responsible party of the property in which the violation took place.
Continuing violations will be considered misdemeanors. Any person or property issued a valid Notice of Violation, who commits additional violations within the first year will be subject to the following fines:
- A $500 fine for the second violation issued to the person and/or the property's responsible party.
- A $1,000 fine for the third violation issued to the person and/or property's responsible party.
- Revocation or suspension of Special Use Permit or Transient Rental License for a period of 6 months, if applicable, and/or an additional $1,000 fine per violation issued to the person and/or the property's responsible party.
The City Manager is authorized to grant variances for exemption from any provision of the noise ordinance subject to limitations as to area, noise levels, time limits, and other terms and conditions as the City Manager determines are appropriate to protect public health, safety and welfare
Any person seeking a variance must file Noise Variance Application with the City Manager's office.