[HISTORY: Adopted by the Board of Supervisors of Buchanan
County 9-11-2023. Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the
County specifically amends the statutory provisions to the contrary
or repeals the statutory provisions, future amendments to said statute
shall take effect as provided by law.]
The following words and phrases, when used in this chapter,
shall have the meanings assigned to them in this section.
Refers to any musical instrument, drum, radio, phonograph,
compact disc player, cassette tape player, MP3 player, video player,
amplifier or any other machine or device for producing, reproducing
or amplification of sound.
Any building or other structure in which one or more persons
reside on a permanent or temporary basis, including, but not limited
to, houses, apartments, condominiums, hotels, and motels.
This section is reserved.
During the hours of 11:00 p.m. to 8:00 a.m., operating or permitting
the use or operation of any instrument, machine or any other device
for the production of sound at a volume sufficient to be plainly audible
through partitions common to two residences within a building or plainly
audible at 50 feet or more from such device or its source.
A.
A violation of any provisions of this chapter shall constitute a
Class 3 misdemeanor. Each separate act on the part of the person violating
this chapter shall be deemed a separate offense, and each day a violation
is permitted to continue unabated shall constitute a separate offense.
Any person who violates a provision of this chapter within one year
after a previous conviction under this chapter shall be guilty of
a Class 2 misdemeanor.
B.
The person operating or controlling a noise source shall be guilty
of any violation caused by that source. If that cannot be determined,
any owner, tenant, resident or manager physically present on the property
where the violation is occurring is reputably presumed to be operating
or controlling the noise source.
This section is reserved.
