HomeMy Public PortalAbout2020_03_24_O007 Noise Ordinance AmendmentsThe Town of
Leesburg,
Virginia
ORDINANCE NO. 2020-0-007
PRESENTED:
ADOPTED:
March 24, 2020
March 24, 2020
AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES AGAINST
PUBLIC PEACE AND ORDER), DIVISION 1 (GENERALLY) SECTION
24-182 (DECLARATION OF POLICY)
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, the Town Council 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 comments from citizens and business owners regarding the
noise ordinance; and
WHEREAS, on September 10, 2019, Town Council approved an initiating resolution
regarding amendments to the Town's Noise Ordinance, and at that time Colincil considered
amending the noise ordinance to extend the night-time period for sound-amplifying equipment
beyond 8:00 p.m.; and
WHEREAS, at a regular business meeting on October 22, 2019, Town Council held a
public hearing and discussed this topic. After hearing about issues with the noise ordinance as
written, Council decided to hold a work session discussion, prior to the spring, to review the noise
ordinance comprehensively; and
WHEREAS, the scientific evidence shows that noise is an underestimated threat that can
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
cause a number of short-and long-term health problems, such sleep disturbance, cardiovascular
effects, poorer work and school performance, hearing impairment; and
WHEREAS, during the work session on January 13, 2020, Town Council had a full
discussion about the noise ordinance, and during the discussion Town Council considered several
issues regarding the amendments to the noise ordinance including: 1) modifying the 50' "plainly
audible" limit; 2) limiting the amplification of music during to certain times of the day and certain
locations; 3) extending the time period for the amplification of music; 4) using civil penalties to
enforce the noise ordinance; and 5) modifying the permitting process for sound amplification and
repeated violations; and
WHEREAS, during the regular meeting on March 10, 2020, Town Council had a full
discussion about the noise ordinance, and during the discussion Town Council considered
several issues including: (1) whether Council should modify the 50 foot "plainly audible"
limit to 100 feet; (2) whether the amplification of outdoor music should be limited to Fridays
and Saturdays; (3) whether the time period for the amplification of outdoor music on Fridays
and Saturdays should be extended from 8:00pm to lO:OOpm; ( 4) whether special events such
as, but not limited to, races and fundraisers should be permitted to use amplification devices
between the hours of 7:00am and 2:00 pm if approved by a permit from the Town Manager's
Office; and (5) whether the Town should modify the permit process to address repeat
violations in which additional permits will not be approved by the Town Manager's Office
for a period of 6 months once 3 official violations occur within a 12 month period; and (6)
the enforcement of the noise ordinance.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
WHEREAS, during the March 10, 2020 Town Council Meeting, Town Council voted
to amend several provisions of the noise ordinance.
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 proposed amendments to the noise
ordinance in order to address the above-mentioned matters, and to hold public hearings to obtain
public input for the purpose of considering whether to adopt the proposed amendments to the
noise ordinance; and
WHEREAS, to accommodate the Town's expanding nightlife and to encourage economic
development within the Town, but to also retain the quality of life for residents of the Town.
THEREFORE, ORDAINED, by the Council in the Town of Leesburg, Virginia as follows:
SECTION I. Town Code Section 24-182 (Declaration of Policy) is amended as follows:
Sec. 24-182. -Noise Ordinance of the Town of Leesburg
Declaration of policy.
At certain levels, audible and discernable sounds and excessive noise! are ean be
detrimental to the health, welfare, safety and quality of life of citizens and inhabitants of the
town, and in the public interest excessive noise should be restricted. l:\lass au.tdaar saeial
gatherings, u.sing amplified sau.nd, in this tawn, u.nless su.hjeeted ta eaardinatian and
planning effarts with the tawn, ereate exeessive naise and related adverse effeets far the
eitizens af this tawn. It is, therefore, the policy of the town to prevent redu.ee, and eliminate
where passihle, audible and discernable sounds, and excessive noises that jeopardize the
public health, welfare, safety and quality of life of citizens and inhabitants of the Town to
the extent that such action is consistent with Constitutional law. and related adverse
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
eoaditioas in the eommuaity, imd to 1n·ohibit uaaeeessary, exeessive, harmful and annoying
noises from all sourees subjeet to its fJOliee fJOWer.
(1) Definitions. The following words, when used in this chapter, shall have the following
respective meanings, unless the context clearly indicates a different meaning:
Dwelling Unit means one or more rooms arranged, designed or intended to be occupied as
separate living quarters by one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Excessive noise means noise that (a) endangers or injures the safety or health of any
person; (b) causes or tends to cause an adverse psychological or physiological effect on
any person; or (c) negatively impacts the value of personal or real property. any sound
whieh annoys or disturbs humans or whieh eauses or tends to eause an adverse
fJSyehologieal or IJhysiologieal effeet on humans Specific examples of prohibited excessive
noise are set forth in subsection 24-182(3) of this chapter.
Motor vehicle means a vehicle defined as a motor vehicle by Code of Virginia (1950), § 46.2-
100, as amended.
Owner means the person owning, controlling, or possessing land, premises, or personality.
Person means any individual, partnership, corporation, association, society, club, group of
people acting in concert, or organization. This term shall not include the federal, state, county,
town, city, or local government, or any agency or institution thereof.
Plainly audible means any sound that can be heard clearly by a person using his or her unaided
hearing faculties. When music is involved, the detection of rhythmic bass tones or vibrations
shall be sufficient to be considered plainly audible sound.
Public property means any real property owned or controlled by the town or any other
governmental entity or institution.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley.
Real property boundary means the property line along the ground surface, and its vertical
extension, which separates the real property owned by one person from that owned by another
person.
Residential refers to single-unit, two-unit, and multi-unit dwellings, and residential areas of
planned residential zoning district classifications, as set out in the zoning ordinance.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
Sound means 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, and which propagates at a finite speed. The description of sound may include any
characteristic of such sound, including duration, intensity and frequency.
Sound amplifying equipment means any machine or device for the amplification of the human
voice, music or any other sound. This term shall not include warning devices on authorized
emergency vehicles, or horns or other warning devices on other vehicles used only for traffic
safety purposes.
Town manager means the town manager or the chief of police, or their respective designees.
(2) Excessive noise-Punishments. Any person violating any of the provisions of this
chapter shall be deemed guilty of a class 2 misdemeanor. Each day the violation is
committed or permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder.
(3) Specific prohibitions. Subject to the exceptions provided in subsection 24-182(4), any
of the following acts, or the causing or permitting thereof is declared to be excessive
noise, constituting a class 2 misdemeanor and a public nuisance:
a. Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing of any
radio, television, record, tape or compact disc player, drum, musical
instrument, or similar device:
1. In such a manner as to permit sound to be heard across a
residential real property boundary or through partitions common
to two dwelling units within a building; or
2. In such a manner as to be plainly audible at a distance of 50 feet
or more from the building in which it is located; or
3. When the sound is plainly audible at a distance of 50 feet or more
from its source.
b. Loudspeakers, public address systems and sound trucks. Using,
operating or permitting the operation of any loudspeaker, public address
system, mobile sound vehicle or similar device amplifying sound
therefrom for any purpose in such a manner as to permit sound to be
heard across a residential real property boundary, or through partitions
common to two dwelling units within a building.
c. Horns, whistles, etc. Sounding or permitting the sounding of any horn,
whistle or other auditory sounding device on or in any motor vehicle on
any public right-of-way or public property, except as a warning of
danger.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
d. Explosive, fireworks and similar devices. Using or firing any explosives,
fireworks or similar devices which create impulsive sound in such a
manner as to permit sound to be heard across a residential real property
boundary or through partitions common to two dwelling units within a
building, or on any public right-of-way or public property, in either case
between the hours of 10:00 p.m. and 8:00 a.m. An exception to the hours
limitation of this subsection may be granted by town council through a
fireworks permit.
e. Yelling, shouting, etc. Yelling, shouting, whistling or singing between
the hours of 10:00 p.m. and 8:00 a.m. in such amanner as to permit sound
to be heard across a residential real property boundary or through
partitions common to two dwelling units within a building.
f. Schools, public buildings, places of worship, and hospitals. The creation
of any noise on the grounds of any school, court, public building, place
of worship, or hospital, in a manner that is plainly audible within such
school, court, public building, place of worship or hospital and interferes
with the operation of the institution.
g. Vehicles. Operation of a motor vehicle or operation of a motorcycle
within the town that creates mechanical or exhaust noise that is plainly
audible at a distance of 200 feet or more from the vehicle. Operation of
sound amplifying equipment in a motor vehicle at a volume sufficient to
be plainly audible at a distance of 100 feet from the vehicle.
h. Construction. The erection, including excavation, demolition, alteration,
or repair of any building, street, public facility, or improvement between
the hours of 10:00 p.m. and 6:30 a.m., except in the case of that it is in
the best interests of the public, for public improvements and to provide
for public safety, to perform the construction between said hours. The
town manager shall have the authority to approve the operation of the
construction equipment that may generate said noise. In considering the
granting, conditioning, or denial of the permit, the town manager shall
be guided by the following standards: (i) significant impact to businesses;
(ii) pedestrian safety; (iii) traffic volume and traffic control safety; (iv)
staff to endeavor to avoid night construction if possible; and (v) staff will
notify affected businesses and residents are properly notified in advance
prior to construction.
L Pneumatic hammer, chain saw, etc. The operation between the hours of
10:00 p.m. and 6:30 a.m. of any chain saw, pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist, or other appliance
unless as set forth in subsection 24-182(11).
J. Animals. In addition to the prohibition set forth in ch. 4, art. II, subsection
4-35(6), the owning, keeping, or possessing of any animal or animals,
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
which frequently or habitually howl, bark, meow, [and/or] squawk in
such a manner as to permit sound to be heard across a residential real
property boundary or through partitions common to two dwelling units
within a building, for a period of time exceeding 30 mfoutes past
sundown, unless authorized by separate ordinance.
1. This subsection shall not apply to any bona fide agricultural
activity as defined in the Code of Virginia, title 3.5, ch. 4.5, or to
an emergency vehicle which causes noise in the performance of
emergency work.
(4) Exceptions. Subsections (3)a.-j. above shall have no application to any sound
generated by any of the following:
a. Sound which is necessary for the protection or preservation of property
or the health, safety, life or limb of any person.
b. Publie speaking anti publie assembly aetivities eontluetetl on any
publie right of way OF publie property.
e . .h Radios, sirens, horns, and bells on police, fire, or other emergency
response vehicles.
d. £ Parades, fireworks displays, school-related activities, and other such
public special events or public activities.
e. !! Activities on or in municipal, county, state, United States, or school
athletic facilities, or on or in publicly owned property and facilities.
f. £ Fire alarms, burglar alarms, and vehicle alarms, prior to the giving of
notice and a reasonable opportunity for the owner or person in possession
of the premises served by any such alarm to tum off the alarm, and if
turned off within 30 minutes.
g. Religious seniees, religious events, or religious aetivities or
expressions, inelutling, but not limited to musie, singing, bells, ehimes, anti
organs whieh are a part of sueh seniee, event, aetivity, OF expression.
h. f Locomotives and other railroad equipment, and aircraft.
I. The striking of clocks.
j. g Military activities of the Commonwealth of Virginia or of the United
States of America.
k:. !! Household tools, lawnmowers, and other lawn care equipment with
manufacturer's recommended mufflers installed, between 7:00 a.m. and
10:00 p.m.
I. i Agricultural activities.
m. i Lawful discharge of firearms.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
(5) Amplified Outdoor Music Seund amplifying equipment Registrtltien.
a. Amplified Outdoor Music. Playing or permitting amplified outdoor
music or using, operating or permitting the operation of any sound
amplifying equipment outdoors for any purpose in such a manner as to
permit sound or excessive noise to be plainly audible at 50 feet beyond
the real property boundarv where the noise originates is prohibited
after 10:00 p.m. and before 2:00 p.m. the fallowing day on Friday and
Saturday evenings, and is prohibited on every other day of the week
after 8:00 p.m. and before 10:30 a.m.
Amplified Noise Permit. Except as provided in subsection (4) of this
section, no person shall use or cause to be used sound amplifying
equipment outdoors in OF aveF the town, unless such person obtains
an amplified noise permit from the town manager by filing an
application as described herein. equipment is fiFst FegisteFed with
the town. The amplified noise permit shall be an annual permit
which will be effective for twelve months from the date of issuance.
The cost for the annual amplified noise permit shall be $100 unless
otherwise established by the fee schedule. The A!Pplication for such
amplified noise permit Fegistnltian shall be filed with the town
manager at least 48 hours in advance of the use, and shall state the
following, unless the element would not be applicable:
1. The name and address of the applicant.
2. The address of the place of business of the applicant.
3. The license number of any sound truck, or federal registration
number of any aircraft, to be used by the applicant.
4. The name and address of the person who owns the sound
amplifying equipment.
5. The name and address of the person having direct charge of the
sound amplifying equipment.
6. The names and addresses of all persons who will use the sound
amplifying equipment.
7. The location in the town in which sound amplifying equipment
will be employed.
8. The proposed hours of amplified outdoor music. apeFatian,
whieh shell not hegiB hefoFe 10:30 a.m. OF a-tend past 8:00
p.m. of any day.
9. The proposed dates of operation.
10. A general description of sound amplifying equipment to be used.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
h-£. The town manager, or his designee shall issue an amplified noise
permit return to the applicant if the application and requested activity
are in compliance with this ordinance as determined by the town
manager or his designee. for registration under this seetion one eo11y
of a eom11Iete a1111lieation filed 11ursuant to subseetion (5)a. This copy
of the amplified noise permit shall be eonsidered as a eertifieate of
registration, shall be filed in the office of the town clerk, shall be in the
possession of the person operating the sound amplifying equipment, and
shall be promptly displayed and shown to any police officer of the town
upon request. Upon issuing the amplified noise permit, the town
manager shall also provide to the applicant a written statement that
explains the person's obligations regarding compliance with the
noise ordinance.
e !!,. In case of an emergency, or other circumstance calling for the immediate
use of sound amplifying equipment, so that the 48-hour deadline set out
in subsection (5)a. cannot be met, the town manager may waive the
deadline using the following standards as applicable; the intensity or
immediacy of the emergency or circumstance; lack of alternate means of
applicant's accomplishing the same goals by complying with the
deadline; and avoidance of nullifying the deadline by a repeated course
of conduct. The waiver shall be in writing, shall address these standards
as applicable, and shall be filed in the office of the town clerk.
e. If a person receives thfee two violations of the noise ordinance, then
the amplified noise permit shall be cancelled or revoked by the town
manager for a six-month time period. A violation is defined as the
issuance of a written summons by the police department.
f. Any person who is found in violation of the noise ordinance resulting
in the cancellation or revoeation of an amplified noise permit shall
have the right to appeal the cancellation or revoeation to the Town
Council. The appeal must be filed in writing with the town manager,
or his designee, within 10 days of the date of receipt of the notice of
cancellation. The fee for filing the appeal shall be $25.00, unless
otherwise established by the fee schedule. The appeal must contain a
written statement setting forth the grounds for appeal. The Town
Council shall schedule a hearing and shall give notice of the hearing
to the appellant. The decision of the Town Council on appeal shall be
final. The Town Council may decide to uphold the decision of the
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
town manager, or reinstate a cancelled or revoked amplified noise
permit.
( 6) Other enforcement.
a. Instead of the criminal enforcement of this chapter, the town may bring a
suit for injunction, abatement, or other appropriate civil relief to remedy,
correct, or abate excessive noise.
b. Citizens of the town believing that excessive noise constituting a public
nuisance exists may utilize the procedure set forth in Code of Virginia
(1950), § 48-1 et seq., as amended, or any other legal civil or criminal
remedies that may be available to them.
(7) Special Events Permit from the Town Manager. The town manager may issue
permits to authorize the permit holder to exceed the limits for sound or
excessive noise as set forth in the ordinance during from 7:00 am to 2:00 pm
as permitted by Town policy. Permits will be issued only for special events
held in the Town and pursuant to the town manager's written policy as in
effect from time to time, which establishes conditions for the issuance of all
permits.. "Special Events" means and includes any event which is to be
conducted on public property or on a public rights-of-way; and, also, any
event held on private property which would have a direct significant impact
on traffic congestion; or traffic flow to and from the event over public streets
or rights-of-way; or which would significantly impact public streets or
rights-of-way near the event; or which would significantly impact the need
for city-provided emergency services, such as police, fire or medical aid. It is
presumed that any event on private property which involves an open
invitation to the public to attend or event where the attendance is by private
invitation of one hundred or more people are each presumed to be an
event that will have a direct significant impact on the public streets, rights-
of-way or police or emergency services. Special events might include, but are
not limited to, fun runs, roadway foot races, fund raising walks, auctions,
bike-a-thons, parades, carnivals, shows, or inhabitations, filming/movie
events, circuses, block parties and fairs. It shall be unlawful for any person
to sponsor or conduct a special event requiring a special event permit
pursuant to this chapter unless a valid permit has been issued and remains
in effect for the event. The Town Manager shall not issue two event permits
for the same day for a single location.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 24 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE V (OFFENSES
AGAINST PUBLIC PEACE AND ORDER), DIVISION 1
(GENERALLY) SECTION 24-182 (DECLARATION OF POLICY)
SECTION III. Severability. If a court of competent jurisdiction declares any provision
of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or
any remaining provisions of the Leesburg Town Code.
SECTION IV. This ordinance shall be effective upon its adoption.
PASSED this 24th day of March, 2020.
Kell~~
Town of Leesburg
ATTEST:
Qt~_,~2
Clerk of Council
LF\LeesburgRMS\Town_ Clerk\Ordinances\2020\0324 Noise Ordinance Amendments