Practicing at Home: Noise Regulations v. Professional Development
This article originally published on the Cor-Tet Blog on March 17, 2020.
It's mid-March 2020, and suddenly, it seems many of us younger musicians are faced with something that we have maybe not seen before in our endeavors to build a professional career in music: having to practice in our residences, since we are quickly finding our public spaces closed to try and slow the spread of COVID-19.
While for some of us this may be old hat, for others it is the first time we have really had to ask things like "Will my neighbors complain?" and "Will my landlord evict me for noise violations?" With the fluidity of everything that's going on around us right now, I wanted to try and provide some insight as to what your rights are as a musician, and try to help soothe some concerns that may make us hesitant in our practice habits. (If we're going to be telecommuting and isolating for an indeterminate amount of time, what better opportunity to be able to hone our craft and really enjoy practicing at our own leisure in the comfort of our own homes, right?)
For ease of concept, below is the county ordinance for Guilford County in NC (where I am located). While cities can (and do) impose their own noise ordinances, they fall within the parameters of the county rules, so we'll go macro to micro for this information.
"Guilford County Code (NC)
Sec. 11-8. - Annoying and disturbing noises.
(a)
Subject to the provisions of this section, it shall be unlawful for any person, persons, or business entity to make, permit, continue, or cause to be made, any unreasonably loud, disturbing, annoying or unnecessary noise in the unincorporated areas of the county, with the exception of construction work done pursuant to a federal, state, county or city contract which requires work to be performed during certain hours.
For purposes of this section, the following definitions shall apply:
(1)
Unreasonably loud or annoying. Noise which is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order.
(2)
Disturbing. Noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area.
(3)
Unnecessary. Any excessive or unusually loud sound or any sound which is of such character, intensity and duration as to disturb the peace and quiet of any neighborhood or which disturbs, injures or endangers the comfort, repose, health, peace or safety of any person, and being a type of sound which could be lessened or otherwise controlled by the maker without unduly restricting his conduct."
(**IMPORTANT NOTE: When the codes refer to "blowing horns" it is NOT in reference to our profession and development (unless there are certain specific techniques about which I am unaware), but about automotive, safety, and construction horns!)
Guilford County Code
The Greensboro City Code, like all codes I've found that are not set specifically by the county or state, goes a step further to set the decibel levels allowed, timeframes for what decibel levels are acceptable, and enforcement procedures.
- "Sec. 18-51. - Sounds impacting residential life.It is unlawful for anyone within the city limits to cause, or allow, the emission of sound from any source or sources which impact dwellings and other residential property. A noise disturbance shall be presumed to exist where the sound or noise caused by any activity exceeds the maximum lawful decibel limits specified in the residential decibel limits table herein at a property boundary of the structure within the zoning districts shown below which is used, wholly or in part, as a residential dwelling. To the extent the decibel limits in this section may conflict with any other section of this article, the decibel limits in this section shall supersede such other limits.Residential Decibel Limits Table
Zoning
DistrictsDaytime
(7:00 a.m.
to
11:00 p.m.)Nighttime
(11:00 p.m.
to
7:00 a.m.)All Residential, TN 70 dB(C) 65 dB(C) Mixed Use, PUD 85 dB(C) 75 dB(C) (Ord. No. 07-253, § 3, 11-5-07; Ord. No. 12-31, § 3, 4-16-12; Ord. No. 13-105, § 2, 7-16-13; Ord. No. 13-119, § 2, 9-17-13) - Sec. 18-52. - Measurement of sound.(a)Measurement of sound. For the purpose of determining dB(C) as referred to in this Code, the noise shall be measured on the C-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute (ANSI).(b)Measurement techniques. Measurement of sound shall be made according to these standards:(1)Sound measurements shall be conducted at that time of day or night when the suspect noise source is emitting sound.(2)The sound level measurement shall be determined as follows:a.Set the sound level meter on the "C" weighted filter at slow response.b.Where possible the measurement should be made with clear view to the source of the sound.c.All measurements shall be taken at or within the nearest residential property line occupied by the complainant, unless otherwise stated in the Code. For multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined or do not exist, measurements shall be taken from any point abutting the exterior of the complainant's residential unit.(3)Measurements recorded shall be taken so as to provide a proper representative of the noise being measured. The microphone shall be positioned facing the noise source and so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used. Using the C-weighting and slow response switch settings, the operator takes four (4) consecutive readings of thirty (30) seconds each. Any decibel reading which exceeds the allowed decibel limits is a violation of this article.
(c)
Training of personnel. The operator of a sound level meter, but not persons assisting the operator with non-technical aspects of sound level measurement, must have received special training in sound measurement from an expert, or experts, in sound measurement and must have received training in the use of the sound level meter used. The chief of police of the city shall prescribe minimum training standards for such operators.
(d)
[Enforcement.] In the enforcement of this article, an enforcement officer may be required to exercise judgment in determining if a particular noise is sufficiently loud or otherwise so offensive that it would substantially interfere with persons occupying nearby public or private property. When making such determinations, the enforcement officer may consider the following and other relevant factors:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or unnatural.
(5)
The type and intensity of ambient noise, if any.
(6)
The nature and zoning of the area in which the noise is heard.
(Ord. No. 07-253, § 3, 11-5-07; Ord. No. 12-31, § 4, 4-16-12; Ord. No. 13-105, § 3, 7-16-13)
Editor's note— Ord. No. 13-105, § 3, adopted July 16, 2013, changed the title of § 18-52 from "Measurement of sound" to "Measurement of sound and enforcement factors." "
You get the idea. The regulations are relatively simple, and they cover a lot of things (though the lists with each city are far from exhaustive). But how does that affect what you can do in the comfort of your own home?
*All levels are for proscribed daytime hours.
Greensboro decibel levels max at 70dB. Greensboro, NC City Code
Raleigh levels max at 55dB. Raleigh, NC City Code
Charlotte levels max at 55dB. Charlotte, NC City Code
Wilmington levels max at 55dB. Wilmington, NC City Code
Though these are just a few of the larger cities in North Carolina, each state/municipality/county/city varies slightly in the way they define noise levels, and in the way they measure and enforce noise violations. NC ordinances typically seem to measure from the point where a noise complaint would have occurred (I.E. if the complaint is from your neighbor, the decibel level would not be measured from your home where you are practicing, but from your neighbor's apartment, for example).
Short of breaking out a decibel meter (although you can download one on your phone that seem to be fairly accurate), what does this mean for us?
Decibel Level Reference Points:
| Weakest sound heard | 0dB |
| Whisper Quiet Library at 6' | 30dB |
| Normal Conversation at 3' | 60-65dB |
| Telephone dial tone | 80dB |
| City Traffic (inside car) | 85dB |
| Train Whistle at 500', Truck Traffic | 90dB |
| Jackhammer at 50' | 95dB |
| Subway train at 200' | 95db |
| Level at which sustained | 90-95dB |
| exposure may result in hearing loss | |
| Hand Drill | 98dB |
| Power mower at 3' | 107dB |
| Snowmobile, Motorcycle | 100dB |
| Power saw at 3' | 110dB |
| Sandblasting, Loud Rock Concert | 115dB |
| Pain Begins | 125dB |
| Pneumatic riveter at 4' | 125dB |
| Even short term exposure can | 140dB |
| cause permanent damage - Loudest | |
| recommended exposure WITH | |
| hearing protection. | |
| Jet engine at 100' | 140dB |
| 12 Gauge Shotgun Blast | 165dB |
| Death of hearing tissue | 180dB |
| Loudest sound possible | 194dB |
Instrument Decibel Level Reference Points:
| Normal Piano Practice | 60-70dB |
| Fortissimo Singer at 3' | 70dB |
| Chamber Music, small auditorium | 75-85dB |
| Piano Fortissimo | 84-103dB |
| Violin | 82-92dB |
| Cello | 85-111dB |
| Oboe | 95-112dB |
| Flute | 92-103dB |
| Piccolo | 90-106dB |
| Clarinet | 85-114dB |
| Horn | 90-106dB |
| Trombone | 85-114dB |
| Tympani/Bass Drum | 106dB |
| Walkman on 5/10 | 94dB |
| Symphonic Music Peak | 120-137dB |
| Amplifier, rock, 4-6' | 120dB |
| Rock music peak | 150dB |
music.eku.edu
It's obvious that, over distance and with doors/walls in between the source of the sound and others, the decibel levels will be diminished significantly. Short of testing my own decibel levels outside of my apartment (which I have only not done because my neighbors might not appreciate it at 1:00 in the morning on a Wednesday), I cannot say how much the sound is diminished. However...
Courts have continuously ruled in favor of musicians practicing their craft in their homes, and have viewed it repeatedly as no different than operating an independent business or manufactury, that necessarily comes with some production of noise. Instead of expounding on that here, this site includes multiple examples of court rulings and the noise "grievances" addressed, to include that "musical instrument practice is one of the certain inconveniences which people living in populous areas must tolerate." People v. Markovitz, 102 Misc. 575, 423 N.Y.S. 2d 996 (Crim. Ct., N.Y. 1972).
What Can I Do?
- Only practice during times that your local ordinances deem appropriate "daytime" hours.
- Be courteous of your neighbor's requests - even if you cannot acquiesce, be respectful.
- Communicate your needs to your landlord/property manager.
- Ideally, practice in rooms that are not adjacent to others' living spaces.
- Refrain from testing to see if you can max out the decibel limitations of your instrument.
- Invest in a practice mute (where applicable) for times when you cannot accommodate the comfort of your neighbors.
- Practice in rooms with noise-reducing qualities (I.e. carpet, furniture, etc.)
At the end of the day, we have a job to do and a skillset to hone. I have been lucky to have neighbors that were understanding and sometimes even appreciative (at least, they like to give me appreciative comments around Christmas time), but some of my colleagues have not been so lucky. There is a wealth of information available on this subject, and these stipulations are by no means exhaustive, but hopefully it provides some context for you to explore practicing in your own space, and arms you with knowledge and resources that can help you to educate any that might object. If you have questions about the material here, information to add, or any clarifications or comments, feel free to post them in the comment section or email them to cortetperf@gmail.com.
Smile, keep making beautiful music, and happy practicing!
~DMG
Resources:
US Municiple Codes Website
Decibel Level and Sound Information
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