Also in the city you can NOT shoot period
-
ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info
Law called for me shooting on my Own land. What is the law?
- Thread starter Vintagefisherman
- Start date
Cop on the phone, at the station said there is no noise ordinance in Henry county. That was the first question I asked. He asked why, told him we wanted to do some shooting on the property and he gave me those distance limits. Now, they will come out to a loud racket at night and tell you to quite down, but I've looked and found no noise laws except running yard equipment at stupid hours. But it wasn't a law. Kids down the street like to play their ghetto blaster a little loud sometimes. Maybe research isn't my forte though. I could be totally wrong about that.
Their is a law, and it's from 9 to 9am I have the OCGA book and can pull the code and exact details and most of the time if they're called they will tell you to calm down.And if called again you will be charged...
Disturbing the peace
Regarding Henry County Code - Sec. 3-4-207. Discharging firearms. It shall be unlawful to discharge a firearm within the confines of Henry County: (1) Within fifty (50) yards of a public roadway; (2) Within two hundred (200) yards of the dwelling house of another; (3) Within any zoning district zoned and developed for residential purposes (except R-A zoning); or (4) In such a manner as to endanger another's life, limb or property. (Ord. No. 82-10, § 18, 7-20-82; Ord. No. 89-13, 8-1-89) State law references: Discharge of firearms on or near public highway, Official Code of Georgia Annotated § 16-11-103, discharge of firearms on property of another, Official Code of Georgia Annotated § 16-11-104 WGTactical [Member]
I should have been a little more clear, no "daytime" noise ordinance. I thought my "loud racket at night" part would have covered that but for thoroughness, you're correct.
Sec. 3-17-41. - Definitions.[Broken External Image]:
- - - Updated - - -
Sec. 3-17-43. - Exemptions.[Broken External Image]:
Domestic power tools, chain saws, lawn mowers, blowers, agricultural equipment and other domestic power-operated equipment when operated with a property functioning muffler meeting manufacturer's standards, between the hours of 8:00 a.m. and 9:00 p.m. on weekdays and 10:00 a.m. and 9:00 p.m. on weekends and holidays.
(2)
Noises resulting from any authorized emergency vehicles when responding to an emergency.
(3)
Noises made by persons having obtained a parade, concert or construction permit from the county.
(4)
Any noise resulting from activities of a temporary duration, for which a special permit has been granted pursuant to this article, and which conforms to the conditions and limits stated thereon.
(5)
Aircraft-related noises associated with aircraft while in flight and while under the jurisdiction of the Federal Aviation Administration or the Department of Defense
Unless the context indicates otherwise, the meaning of the terms used in this article is as set forth in this section.
General: All definitions in all applicable publications of the American National Standards Institute (ANSI) (SI.1-1976, Acoustical Terminology) or its successor body.
A-weighted sound level (dBA): The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA."
Construction: Any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property.
Daytime: That period of time covering the hours of 7:00 a.m. (0700) to 10:00 p.m. (2200).
dBA: See "A-weighted sound level."
Decibel (db): A unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).
Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
Impulsive sound: Any sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay, e.g., explosions, blasting and discharge of firearms.
Land use categories: For the purpose of this article the land use categories shown on Table 1 as "residential," "commercial" and "industrial" shall have their ordinary and customary meaning provided further that the residential classifications shall include the following classification from the county zoning ordinance: RA, R-1, R-2, R-3, RD, RM, RMH, and PD (for all residential uses). The commercial classifications shall include the following classification from the county zoning ordinance: C-1, C-2, C-3, M-1, M-2, and OI (for all commercial uses). The industrial classifications shall include the following classification from the county zoning ordinance: M1 and M2 (for all industrial uses).
Level L (1): That noise (A-weighted sound level) exceeded one (1) percent of a measurement time equivalent to at least thirty (30) minutes.
Level L (10): That noise (A-weighted sound level) exceeded ten (10) percent of a measurement time equivalent to at least thirty (30) minutes.
Level L (50): That noise (A-weighted sound level) exceeded fifty (50) percent of a measurement time equivalent to at least thirty (30) minutes.
Motor vehicles: All self-propelled vehicles as defined in the Georgia Motor Vehicle Code, specifically including but not limited to mini-bikes, recreational vehicles, trail bikes and go-carts.
Nighttime: That period of time cover the hours from 10:00 p.m. (2200) to 7:00 a.m. (0700).
Noise: Any sound which endangers or injures the safety or health of humans or animals, which annoys or disturbs a reasonable person of normal sensitivities or endangers or damages real or personal property.
Real property boundary: An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person from that owned by another, but not including intra-building real property divisions.
Receiving land use category: That parcel of real property onto which noise travels or is received from any source on another parcel of real property.
Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including, but not limited to duration, intensity and frequency.
(Ord. No. 00-08, § 1, 8-1-2000)
- - - Updated - - -
Sec. 3-17-43. - Exemptions.[Broken External Image]:
The following are exempt from the sound level limits of Table 1:
(1)Domestic power tools, chain saws, lawn mowers, blowers, agricultural equipment and other domestic power-operated equipment when operated with a property functioning muffler meeting manufacturer's standards, between the hours of 8:00 a.m. and 9:00 p.m. on weekdays and 10:00 a.m. and 9:00 p.m. on weekends and holidays.
(2)
Noises resulting from any authorized emergency vehicles when responding to an emergency.
(3)
Noises made by persons having obtained a parade, concert or construction permit from the county.
(4)
Any noise resulting from activities of a temporary duration, for which a special permit has been granted pursuant to this article, and which conforms to the conditions and limits stated thereon.
(5)
Aircraft-related noises associated with aircraft while in flight and while under the jurisdiction of the Federal Aviation Administration or the Department of Defense
I live in a subdivision. Me and my neighbors on both sides shoot in the woods behind us. No cops have been called yet and we shoot a pretty good bit...
Sec. 3-17-44. - Specific prohibitions.[Broken External Image]:
Horns, signaling devices. The sounding of any horn or signaling device on any motor vehicle or any street or public place in the county continuously and/or incessantly for a period in excess of sixty (60) seconds, except as a danger warning.
(2)
Radios, televisions, loudspeakers, musical instruments and similar amplified devices. The operating or playing of any radio, musical instrument or similar device which produces or reproduces sound on the public rights-of-way in such a manner as to be plainly audible to any person other than the operator of the device.
(3)
Street sales. The offering for sale by shouting or outcry within any residential, commercial or noise-sensitive area except by permit issued by the county.
(4)
Animals. The owning, possessing or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds which annoy or disturb an ordinary reasonable person of normal sensitivities across a residential or commercial boundary line or within a noise-sensitive area. For the purpose of this article, "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of fifteen (15) minutes, or barks intermittently for one-half (½) hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a "barking dog" if, at the time the dog is barking making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
(5)
Emergency signaling devices.
a.
Except in a case of an emergency, the intentional sounding of any alarm between the hours of 9:00 p.m. and 8:00 a.m.
b.
The testing of any alarm for a period in excess of sixty (60) seconds at any time.
(c)
The testing of a complete emergency signaling system, including the signaling device and the personnel response to the signaling device, more than once in each calendar month, and the sounding of said emergency signaling system for a period in excess of fifteen (15) minutes.
- - - Updated - - -
Sec. 3-17-48. - Penalties.[Broken External Image]:
(a)
Any person who violates any provision of this article may be assessed a fine of up to one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both, as provided in O.C.G.A. § 36-1-20(b).
(b)
Each day any violation of this article shall continue shall constitute a separate offense.
(c)
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provisions of this article shall be deemed a public nuisance and may be abated by the county as provided by law or ordinance. Each day that such condition continues shall be regarded as new and separate offenses.
In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of this article:
(1)Horns, signaling devices. The sounding of any horn or signaling device on any motor vehicle or any street or public place in the county continuously and/or incessantly for a period in excess of sixty (60) seconds, except as a danger warning.
(2)
Radios, televisions, loudspeakers, musical instruments and similar amplified devices. The operating or playing of any radio, musical instrument or similar device which produces or reproduces sound on the public rights-of-way in such a manner as to be plainly audible to any person other than the operator of the device.
(3)
Street sales. The offering for sale by shouting or outcry within any residential, commercial or noise-sensitive area except by permit issued by the county.
(4)
Animals. The owning, possessing or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds which annoy or disturb an ordinary reasonable person of normal sensitivities across a residential or commercial boundary line or within a noise-sensitive area. For the purpose of this article, "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of fifteen (15) minutes, or barks intermittently for one-half (½) hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a "barking dog" if, at the time the dog is barking making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
(5)
Emergency signaling devices.
a.
Except in a case of an emergency, the intentional sounding of any alarm between the hours of 9:00 p.m. and 8:00 a.m.
b.
The testing of any alarm for a period in excess of sixty (60) seconds at any time.
(c)
The testing of a complete emergency signaling system, including the signaling device and the personnel response to the signaling device, more than once in each calendar month, and the sounding of said emergency signaling system for a period in excess of fifteen (15) minutes.
- - - Updated - - -
Sec. 3-17-48. - Penalties.[Broken External Image]:
(a)
Any person who violates any provision of this article may be assessed a fine of up to one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both, as provided in O.C.G.A. § 36-1-20(b).
(b)
Each day any violation of this article shall continue shall constitute a separate offense.
(c)
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provisions of this article shall be deemed a public nuisance and may be abated by the county as provided by law or ordinance. Each day that such condition continues shall be regarded as new and separate offenses.
APPLICABLE NOISE LIMITS
TABLE 1
Measurement period is one-half hour (continuous), as measured at the property boundary of the receiving parcel.
Sound level in decibels
A-scale (dBA)
A-scale (dBA)
| Zoning Classification | DAY (0700-2200 hours) | NIGHT (2200-0700 hours) | ||||
| L1 | L10 | L50 | L1 | L10 | L50 | |
| Residential | 75 | 70 | 65 | 65 | 60 | 55 |
| Commercial | 80 | 75 | 70 | 70 | 65 | 60 |
| Industrial | 85 | 80 | 75 | 75 | 70 | 65 |
Again asking a police officer for legal advice is a bad idea. You got the guy working the desk. He knows as much about law as I know about space travel.
