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HomeMy Public PortalAbout2009_10_14_O016 - Noise Code Amendment {}RD1'VANC;P NO. 2009-0-016 PI~1:SrNTFI3: {7ctoher 14;.2009 f1DOP7 L L7: Octalxer 14, 2009 rlh Olzl~rl~alver: ~rO t1N1r1~D sI{:~r1O1ti is2-or alz~rc.1.1 v {«rrr:vsr:s r~tJ~i~ISZ~ t~I/1~1,tce Pr~c n~tl~ Orc1~>I2} {7F 1IAPTrR 24 {c~1iFEr~sl:s al~f~ NIISCFLI,FINEOL"5 ItEOAI~I?I117G 1'~C?ISE TO G{?1~FOIZNI "f0 STt1Ti3 .LAW. l~7HPRIif15, e;~cessive sound ~rihration and inade<titately coi3tro11ed noise are sei•itius lxazards to ttte public health, safety anc3 ti~elfare, anal a source of annoyance to the pol~tt1ape; 1~2LEI2~r1S, the residents of anal visitors to the To~~;xn arc cntif(ect to an8in=h•ouinent fire froth etcessive sonnd'vibradatxand inadc~uatelV'controllednoise €hat txxa}' endangex•tlxehheaIth ter welfaa-e, or degrade their duality of 1xfe; comfort, repose oi• peace, G'~rTF121?x1S, it is the,}olic}= of tlxe Tawn to prevent e~cess[~%e tloise that 3x~a}x encla~rger t1?e health or weiarc, ar degrade he qualit}~ oflJfc, conxfart, repose or peace of residents antl visitors; aixd ~'1ZEREAS, a tecet~i decision h}~tlxe Supreme CatGt•faf Virgin%1 hasnxade revisions'to the 7blvn's noise ordi~tance ixecessai~y to snare ixrecisel}~ describe c:~cessive noise that is ~xrohibited. ~1OG4', TIIEf~FFOK1, I31;1'1' ORI?,~I~IF~L7 by the Cainicil ofthe Toa~=n of I.eesbzit•~t ~11>~'TIQN T. That Section 182 rrf t~rticle V {Offenses f~gai~ist Public Peace) of~ha~ttvr 24 {O1'fensesand R4iseellatxeaus Pruti~isions} of the"folvn Oode crfLeesbnrg, Virginia, 2009, as a~iiencted, is Hereby a~ncnded to rcac( as fallowsc ~ectio~3 2~#-182. llectaratinn of i~olie~'. At c;eztain levels, noise can be deti~inxcntal to the health, 4vellai~e, safet} and qual# ~ a} f 3iEe ©f_tnhabitaiits o1'the token, and tx the public interest zioise should 17e resttiatecl: tvlass outdoor social ag theiings~ usiix~ amplified sound, in thistowix, tmiesssubiected to caa3•dinatianancl AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW planning efforts with the town create excessive noise and related adverse effects for the citizens of this town It is therefore, the policy of the town to reduce, and eliminate where possible, excessive noise and related adverse conditions in the community, and to prohibit unnecessary, excessive harmful and annoying noises from all sources subject to its police power. (a) Definitions: The following words when used in this chapter, shall have the following respective meanings unless the context clearly indicates a different meaning: "E,rcessive noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or pl~siological effect on humans. Specific exam Ip es of prohibited excessive noise are set forth in section 24-182 (~) of this chapter. Motor vehicle means a vehicle defined as a motor vehicle by § 46.2-100, Code of Virginia (1950), as amended. "Owner" means the person owning, controlling, oz' possessin Ig and, premises, or personalty "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. "Public property" means any real property owned or controlled by the town or any other governmental entity or institution. N:\Ordinnnces~2009\1014 Noise Ordinnue (Oct 14 2009) (2) council amend.docs 10/15!09 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW "Plainh~ 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 shall be sufficient to be considered plainly audible sound. "Public right-of-iaay" means any street, avenue, boulevard, highway, sidewalk or alley. "Real property boundar'y" means the property line along_the ground surface and its vertical extension which separates the real property owned b~(IZperson from that owned by another erson. "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. "Sotend" 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 fiequency_ "Sound cnnplifyinQ equipment" means any machine or device for the amplification of the human voice music or anyother 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 safetypurposes. "'town manager" means the town manager or the chief of police, or their respective desi ng ees. (b) Excessive noise -- Punishments. N:\Ordinances~2009\I01~1 Noise Ordinance (Oct 142009)(2)council amend.docx 10/15/09 4 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW Andperson violating any of the provisions of this ch~ter shall be deemed guilty of a Class 2 misdemeanor. Each day the violation is cormnitted or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (c) Specific prohibitions. Subject to the exceptions provided in section 24-182 (d), 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: (1) Radios television sets musical instruments and similar devices. Operatin>z, playinQ or permitting the operation or slaving of any radio television record tape or compact disc slaver drum musical instrument, or similar device: (a) In such a manner as to permit sound to be heard across a residential real property boundary or tluoug~artitions common to two (2) dwelling units within a building; or (b) In such a manner as to be plainlyaudible at a distance of fifty (50) feet or more from the building in which it is located; or (c) When the sound is plainly audible at a distance of fifty (50) feet or more from its source. (2) Loudspeakers public address systems and sound trucks. Using, operating or permittin tg he 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 P:\Ordinances~2009\1014 Noise Ordinance (Oct 14 2009) (2) council amend.docs 10!15!09 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW to be heard across a residential real propertv boundary, or through partitions common to two (2) dwelling units within a building. (3) Horns whistles etc. Soundin¢ or permitting the sounding of anv horn, whistle or other auditory sounding device on or in anv motor vehicle on anv public right-of-way or public propertv, except as a warnin og f danger. (4) 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 o_be_heard across a residential real property boundary or tluoug)~artitions common to two ~2 dwelling units within a buildin og r on a~ public right-of-wadpublic propertv, 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 Qranted by town council tluough a fireworks permit. (5) Yelling shouting etc. Yelling shouting, whistling or singing between the hours of 10.00 p m and 8.00 a m in such a manner as to permit sound to be heard across a residential real ~operty boundary or tluouQh partitions common to two (2 dwelling units within a building (6) 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. (7) 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 two hundred (200) V:10rdinances~2009U 014 Noise Ordinwice (Oa l4 2009) (2) council amend.docz 10/15/09 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW feet or more from the vehicle Operation of sound am~lifying equimnent in a motor vehicle at a volume sufficient to be plainly audible at a distance of #ift~one hundred (~0 100) feet from the vehicle. (8) Construction The erection including excavation, demolition, alteration, or repair of a~ building~sh•eet public facilit~provement 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 conshuction between said hours The town manager shall have the authority to approve the operation of the conshuction 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) pedesU•ian safety_;~iii) traffic volume and traffic control safety (iv) staff to endeavor to avoid niuht construction if possible• and L) staff will notify affected businesses and residents are properly notified in advance prior to construction. (9) 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 24-182 (1 I). (10) Animals In addition to the prohibition set forth in Chapter 4, Article II, Section 4- 35(6) the owning keeping or possessingof any animal or animals which frequently or habitually howl bark meow squawk in such a manner as to permit sound to be heard across a residential real property boundary or tluougl~artitions common to two (2) dwelling units within P:\Ordinnnces~2009UOI4 Noisc Ordinmme (Oct I4 2009) (2) council nmend.docx ~0li 5/09 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW a building for a period of time exceeding 30 minutes past sundown, unless authorized by separate ordinance. (a) This subsection shalt not apply to anybona fide agricultural activity as defined in the Code of Virginia Title 3.5, Chapter4.5 or to an emergency vehicle which causes noise in the performance of emergency work. Section (d) Exceptions. Sections I tluough 10 above shall have no application to any sound generated by any of the followin¢: (I) Sound which is necessary For the protection or preservation of property or the health, safety, life or limb of any person. (2) Public speaking and public assembly activities conducted on any public right-of--way or public property. (3) Radios, sirens, horns, and bells on police, fire, or other emergency response vehicles. (4) Parades, fireworks displays, school-related activities, and other such public special events or public activities. (5) Activities on or in municipal, county, state, United States, or school athletic facilities, or on or in publicly owned property and Facilities. (6) 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 turn off the alarm and if turned off within 30 minutes. N:\Ordinances~2009\1014 Noise Ordinance (Oct I4 2009) (2) council mnend.docx 10/16/09 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW (7) Religious services religious events, or religious activities or expressions, including, but not limited to music singing, bells, chimes, and organs which are a part of such service, event, activity, or expression. (8) Locomotives and other railroad equipment, and aircraft. (9) The striking of clocks. (10) Military activities of the Commonwealth of Virginia or of the United States of America. (11) Household tools, lawnmowers, and other lawn care equ~ment with manufacturer's recommended mufflers installed, between7:00 a.m. and 10:00 p.m. (12) Agricultural activities. (13) Lawful discharge of firearms. Section (e). Sound amplifying equipment--Registration. (I) Except as provided in section (d) of this chapter, no person shall use or cause to be used sound amplif~g equipment in or over the town, unless such equipment is first re isg tered with the town Application for such registration 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: (a) The name and address of the applicant. (b) The address of the place of business of the applicant. P:\Ordinances~2009\l 014 Noise Ordinance (Oct 14 2009) (2) council amend.docs 10/I6f09 9 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW (c) The license number of any sound truck or federal registration number of any aircraft, to be used by the applicant. (d) The name and address of the person who owns the sound amplifying equipment. (e) The name and address of the person having direct charge of the sound amplifying equipment. (f) The names and addresses of all persons who will use the sound amplifying equipment. (g) The location in the town in which sound amplifying equipment will be employed. (h) The proposed hours of operation, which shall not begin before 10:30 a.m.or extend past 8:00 p.m, of any day. (i) The proposed dates of operation. Q) A general description of sound amplifying equipment to be used. (2) The town manager shall return to the applicant for registration under this section one c~v of a complete application filed pursuant to subsection (~ This copy shall be considered as a certificate 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 anypolice officer of the town upon request. (3) 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 (a) cannot be met the town mana eg r nlay waive the deadline using the following standards as applicable: the N:\Ordinances~2009\1014 Noise Ordinance (Oct 14 2009) (2) wuncil amend.docx 10/16/09 10 AN ORDINANCE: TO AMEND SECTION 182 OF ARTICLE V (OFFENSES AGAINST PUBLIC PEACE AND ORDER) OF CHAPTER 24 (OFFENSES AND MISCELLANEOUS REGARDING NOISE TO CONFORM TO STATE LAW intensity or immediacy of the emergency or circumstance; lack. of alternate means of applicant's accomplishing_the same goals 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. Section (f). 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 ~ 48-1 et seq Code of Vir ig nia X1950) as amended or any other legal civil or m•iminal remedies that may be available to them. SECTION II. Including the changes referenced above, Article V of Chapter 24 of the Leesburg Town Code is reordained and amended. SECTION III. All prior ordinances in conflict herewith are hereby repealed. SECTION IV. 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 V. This ordinance shall be effective upon its adoption. P:\Ordinances~2009\1014 Noise Ordinance (Oct 14 2009) (2) council amend.docx 10/16/09 A~1 {}RDI'~t~NCis: "I'{~ r1R~1I:s1vI~ SELTI{)i\r 1 ~2 C?~' AIt`1'ItlLls V (QFFE'.~SLS t1Ut~INS"P i'III3LIC. I'CsAC~ t~ItD QIt1~Islt) ~I~ GHAI}TL;R 2~I (~li~IsNSES r1NL7 h1ISCFsL1.A1~'Et}US IZI;GI~RDING Iv~IS1I TC3 C{?NFC~I~M'T{) 5T'~TE Lrl~! Px~~S~;I? this 1 fi`r' day ~f Octolser, Z(1Q9 ATThS`i'; , '. Clerk of Caiiilail t4 t Kristen C Un7skattd, Mayor Town ~f I,eesbut'g EaO~dui~nceslZ609kr Ul•I Noise 6rtlingnce (get I42~'p9}{2)cponcil mnend.tla~x, i011&1~7