Answer Woman: Can the noise ordinance stop the sound of gun discharges in Asheville?
ASHEVILLE - Today's burning question is about the city and county noise ordinances, and what protections you might (or might not) have against the sound of gunfire. Got a question for Answer Man or Answer Woman? Email Executive Editor Karen Chávez at KChavez@citizentimes.com and your question could appear in an upcoming column.
Question: What is the noise ordinance in Asheville? I walk my dog in the N.C. Arboretum area, Shut-in-Trail and Mountains-To-Sea Trail along the Blue Ridge Parkway and Bent Creek.
We often hear the scary sounds of guns from a firing range — perhaps Biltmore Estate? Perhaps the Asheville Rifle and Pistol Club on Sandy Springs Road? Perhaps another shooting range called On Target? This horrible sound of guns disturbs our tranquil walks in the forest and always scares my dog to the point that we have to go home. I know I’m not alone in wishing we could have the peace of our mountains back.
Answer: Asheville's noise ordinance was actually at the center of a somewhat controversial overhaul in July 2021. The updated noise ordinance, which took effect September 2021, put some decibel limits in place where before there were none, targeting noise originating from industrial, commercial and business districts, including downtown.
Limits vary based on time of day and district.
But, as city spokesperson Kim Miller pointed out, after some dialogue with Development Services staff where the noise compliance division is housed, the noise ordinance does not address the legal discharge of a firearm, such as from a firing range, for example.
If it were to be a violation, she said, it would fall under "noise disturbance," which is not always subject to specific decibel restrictions, and is "very subjective."
"Provided the level of noise didn’t exceed the permitted levels for the zoning district, it still might not be a violation," Miller said. "Due to the subjectiveness of the definition, we would have to have a significant increase in complaints about the level of noise from the commercial ranges to take a closer look."
More: Noise ordinance 1 year later: After fervor of the 2021 vote, where is Asheville now?
Per city code, it is illegal to discharge a weapon within city limits. This does not apply to law enforcement, self defense or an approved firing range. It also does not apply to deer hunting by bow or crossbow.
Learn more about filing a noise complaint on the city website: ashevillenc.gov/service/file-a-noise-complaint/.
What about Buncombe County?
Worth noting, many of the places where the reader is walking their dog are in the county, not within city limits. Buncombe County also has a noise ordinance. However it does not have decibel limits associated with it.
This is a question we've somewhat tackled before. Namely, out in the county, where someone asked if there are any specific rules and regulations against neighbors incessantly firing guns at all hours. The answer is, largely: not really.
Per county code, it is unlawful for someone to make "unreasonably loud, disturbing and unnecessary noise." Again, subjectivity abounds.
In determining if a noise fits those parameters, the county would consider time of day, proximity to residential structures, whether the noise is recurrent, intermittent or constant, volume and intensity and more.
Of discharging firearms, the code says firing a gun within 300 feet of an occupied residential structure without the occupant's express approval is in violation of the ordinance.
However, the noise ordinance does not apply to any shooting range, firearm club, organization or association affiliated with the National Rifle Association if the discharge is at least 500 feet from the nearest existing residence, church, school, hospital, day care facility or nursing home facility. The operator can also obtain written permission from these facilities, and get an exemption.
According to county code, the Buncombe County Sheriff's Office is responsible for enforcing this article in unincorporated areas of the county.
Also worth noting, hunting is allowed everywhere within the National Forests in North Carolina, which includes Bent Creek, just outside city limits south of Asheville in the Pisgah National Forest. During hunting season, visitors are advised to wear bright clothing.
The deer hunting season with guns for Western North Carolina in 2023 ran from Nov. 20-Dec. 9. Mountain bear hunting season ran from Oct. 16-Nov. 18 and from Dec. 11-Jan. 1. These dates change slightly each year. Visit ncwildlife.org/Licensing/Regulations for more on hunting seasons.
More: More NC hunters killed in gun-related accidents this season than past 3 years
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Sarah Honosky is the city government reporter for the Asheville Citizen Times, part of the USA TODAY Network. News Tips? Email shonosky@citizentimes.com or message on Twitter at @slhonosky. Please support local, daily journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Answer Woman: Frustrated with gunfire? Can the noise ordinance help?
