HomeMy Public PortalAbout1990_02_13_O004Leest~urg
in CVirginia
ORDINANCE NO.
90-0-4
PRESENTED~3, 1990
ADOPTED February 13, 1990
AN ORDINANCE: AMENDING SECTION 11-17 AND SECTION 11-17.1 OF THE TOWN CODE TO
INCLUDE ADDITIONAL NOISE PROHIBITIONS
WHEREAS, under the current town code, valid noise complaints cannot be Properly answered by
law enforcement personnel; and
WHEREAS, the Assistant Commonwealth's Attorney and the town Police Chief have recommended
that the town expand its prohibition against excessive noise; and
WHEREAS, the Deputy Town Attorney has determined that enabling legislation in the state code
authorizes the adoption of these amendments:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 11-17 and 11-17.1 of the Town Code are hereby amended to read as follows:
Sec. 11-17, Noise prohibitions.
(a) No person shall make, continue, or cause or permit to be made or continued, any excessive,
unnecessary or unusually loud or otherwise unreasonable noise, which annoys, disturbs, injuries or
endangers the comfort, repose, health, peace or safety of other persons in the town.
ORDINANCE: AMENDING SECTION 11-17 AND 11-17.1., NOISE PROHIBITIONS
Acts in violation of this section include, but are not limited to, the following.
1_. Operating or using any musical instrument" radio, television, ohonograoh, taoe olaver,
loudspeaker, amplifier or other similar machine or device, other than as permitted in
Section 11-16 of the Town Code, between 12:00 midnight and 8:00 a.m. of the following day,
in such a manner as to be audible at any point beyond the property, line of the premises
from which such noise is emanating, or if the noise is emanating from a vehicle, at a
distance of fifty, feet from such vehicle;
2_. Operating, using or permitting the operation of use of a steam engine or combustion engine,
including, but not limited to, motor vehicles, motor boats and tractors, between 10:00 p.m.
and 6:30 a.m. of the following day, in such a manner as to disturb the peace, quiet, repose
or comfort of neighboring inhabitants; and
3_. Operating, using or permitting the operation or use of any other machine .fy, equipment,
pump, fan or similar mechanical device, not covered by paragraph (b)(2) hereof, whether
for industrial, business or household purposes, between 10:00 p.m. and 6:30 a.m. of the
following day, in such a manner as to disturb the peace, quiet, repose or comfort of
neighboring inhabitants.
Violators shall be guilty of a misdemeanor and, on conviction, punished by a fine in any sum up
to $1,000 or confinement in iail not to exceed 30 days.
(b) Exceptions. This section does not apply to noise emanating from an agricultural operation,
as defined in the Right to Farm Act, Chapter 4.5 of Title 3.1 of the Code of Virginia, as amended, or to
an emergency vehicle which causes noise in the performance of emergency work.
(c) Abatement of Nuisance. In addition to the penal .ty provided in paragraph (a), the
playing, use, operation or maintenance of any device, instrument" vehicle, machine .ry or equipment in
violation of any of the provisions of this section, thereby resulting in the production of noises which
causes discomfort or substantial annoyance to persons of normal sensitivi .W or which endangers the
comfort, repose, health or peace of residents in the vicini .ty of the source of such noise, shall be deemed
and is hereby declared to be a public nuisance and may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent jurisdiction.
ORDINANCE:
SECTION II.
SECTION III.
PASSED this
ATTEST:
AMENDING SECTION 11-17 AND 11-17.1., NOISE PROHIBITIONS
All prior ordinances and resolutions in conflict herewith are repealed.
This ordinance shall be effective upon its passage.
l~t~ day of ~, ~0.A/~~
I"V vb,'V ~ t,..'(,
Robert E. Sevila,~ Mayor
Town of Leesburg
O:noise