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HomeMy Public PortalAbout2019_09_10_R132 Initiating Amendments to the Town Code Extending Sound Amplifying Equipment Registration Past 8:00 p.m.The Town of Leesburg, Virginia PRESENTED: September 10, 2019 RESOLUTION NO. 2019-132 ADOPTED: September 10, 2019 A RESOLUTION: INITIATING AMENDMENTS TO THE NOISE ORDINANCE TO CONSIDER EXTENDING THE NIGHT TIME PERIOD FOR SOUND AMPLIFYING EQUIPMENT WHEREAS, the Town Council last amended its noise ordinance in 2009 to conform with the Virginia Supreme Court decision of Tanner v. City of Virginia Beach, 277 Va. 432, 674 S.E.2d 848 (2009); and WHEREAS, subsection 5 of the Town's noise ordinance located at Town Code § 24-182 (Declaration of Policy) ("Subsection 5") requires that a certificate of registration be issued by the Town Manager before outside sound amplifying equipment is permitted within the Town; and WHEREAS, Subsection 5 does not permit a certificate of registration to be issued for hours of operation past 8:00 p.m.; and WHEREAS, the Town Council last considered amending the Town's noise ordinance to extend the night time period for sound amplifying equipment in 2014, and decided at that time to retain the current noise ordinance; and WHEREAS, since 2014, circumstances have changed in that the Town's night life has increased, and the Town has received citizen and business owner requests to extend the night time period for sound amplifying equipment; and WHEREAS, many of the business establishments that desire an extended night time period for sound amplifying equipment are located in the Town's downtown area; and WHEREAS, the downtown area is also home to residential neighborhoods and homes where residents desire to retain the peace and tranquility and "small-town feel" that appeals to the many residents who live in these neighborhoods; and A RESOLUTION: INITIATING AMENDMENTS TO THE NOISE ORDINANCE TO CONSIDER EXTENDING THE NIGHT TIME PERIOD FOR SOUND AMPLIFYING EQUIPMENT WHEREAS, the Town Council desires to consider the impact of changed circumstances on the respective needs and wishes of Town stakeholders including businesses, visitors, and residents; and WHEREAS, the Town Council desires to review the Town's noise ordinance, discuss the implications of extending the night time period of sound amplifying equipment, and hold public hearings to obtain public input for the purpose of considering whether to amend the noise ordinance to extend the night time period for sound amplifying equipment. THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg in Virginia that amendments to the Town's Noise Ordinance are hereby initiated so that the Town Council may consider extending the night time period for sound amplifying equipment. PASSED this 10th day of September, 2019. ayor eesburg ATTEST: Oa Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2019\0910 Initiating Amendments to the Town Code Extending Sound Amplifying Equipment Registration Past 8:00 p.m.