TO: Mayor Colvin and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Erin Swinney, Police Attorney
DATE: November 2, 2026
RE:Title
Amend Noise Ordinance Title
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COUNCIL DISTRICT(S):
Council District(s)
All Districts
b
Relationship To Strategic Plan:
Goal 1: Safe and Secure Community
Goal 4: Desirable Place to Live, Work, and Recreate
Executive Summary:
In an effort to provide better clarity to the community and law enforcement, staff has taken the initiative to revise the City’s noise ordinance through a comprehensive comparison to peer cities.
Background:
On approximately June 13, 2025, City Council, City Attorney, City Manager, and others received correspondence from the ACLU challenging provisions and enforcement of the Noise Ordinance. During this time, the city of Asheville was involved in litigation surrounding their noise ordinance (Hebb v. City of Asheville), specifically the use of amplified sound equipment. The decision was made to monitor the progress of the Asheville case. In July 2025, the Fourth Circuit ruled in favor of Asheville. The parties ultimately settled all claims in March 2026. With the case settled, the City Attorney’s Office began an in-depth revision of the Noise Ordinance.
Issues/Analysis:
The proposed amendments would update the current City Code, Sections 17-7 through 17-18 unofficially, but commonly referred to, as the Noise Ordinance in order to comply with Hebb v. Asheville and the U.S. Constitution, revise conflicting provisions, simplify complicated sections, clarify the use of loudspeakers, and provide better enforcement tools for City officials.
Budget Impact:
No budget impact.
Options:
Accept the amendments to the City Code and direct staff to place on the November 23, 2026, agenda for adoption.
Accept the amendments in part and direct staff as to changes that should be made to rejected amendments.
Do not accept the amendments to the City Cod...
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