Murphy – Cherokee County’s latest noise ordinance draft is “by no means a final document,” according to county attorney Darryl Brown, but the board of commissioners indicated that it’s at least close to winning their approval.
“I’ve heard some valid points on some of the issues we might modify somewhat, but not a great deal,” board Chairman Cal Stiles said Monday night. “I think what we’ve got here is a pretty good document. ... I think for most people operating in good faith, this is not going to be an issue.”
Commissioners tabled the issue until the Feb. 6 meeting in order to provide time for public feedback. The board has toyed with the idea of establishing a new noise ordinance since 2021, after local residents began to complain about the noise from Ankr/Exponential Digital’s unenclosed crypto mine on Harshaw Road.
“I said this before and I’ll say it again, the most effective way to deal with that is through a land use ordinance,” Brown said. “However, this board has made it very, very clear that it is not going to open up any doors that are going to lead, even potentially, to zoning in this county, period.
“I’ve talked with folks in other counties about this and it’s to craft a noise ordinance. This does not just apply to crypto mines, folks, it doesn’t, it applies to everything and everybody here in the county with the exception of those folks on Eastern Band of Cherokee Indians land, within the city limits of Murphy and Andrews, and on federal and state property.”
Although the proposed ordinance cannot specifically target crypto mining operations, its language takes a not-so-subtle aim at multiple mechanical devices producing large amounts of noise.
The ordinances states, “It shall be unlawful and strictly prohibited for two or more operating mechanical devices located in one general location to emit sounds that shall cause the ambient sound to exceed an A rated sound level of 70 decibels for a continuous duration of 5 or more minutes as measured at any point on private property outside of the property on which the machines are located.”
The ordinance is set to take effect March 1 and will be enforceable from sunset to sunrise. A violation on a given calendar day will constitute a single offense, and the ordinance will be punished as a Class 3 misdemeanor with fines up to $500, as allowed under N.C. General Statute 14-4.
Brown has previously warned that the fine limitations posed by state statutes were unlikely to provide an effective financial deterrent to crypto mining operations that violate the ordinance.
Commissioner Ben Adams recommended choosing a specific time of day for the noise ordinance to take effect as opposed to “sunset,” which can vary by several hours during the year.
Commissioner Dan Eichenbaum stressed the importance of exemptions for noise related to activities such as construction or the firing of guns.
“We don’t want to turn people into criminals for doing things they’ve been doing all their lives,” he said.
Other board members raised the possibility of specifying exemptions for farm equipment and musical instruments at events.