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City of Fredericksburg, VA
 
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[Amended in its entirety 9-22-2015 by Ord. No. 15-20]
This article is the "Noise Control Ordinance of the City of Fredericksburg." It is applicable to noise originating within the City and from City-owned lands located outside the City limits.
As used in this article, the following terms shall have the meanings indicated:
DOWNTOWN BUSINESS DISTRICT
The area bounded by the Rappahannock River, Amelia Street, Prince Edward Street, and Lafayette Boulevard.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
MOTORCYCLE AND MOTOR VEHICLE
As defined in Code of Virginia § 46.2-100.
PLAINLY AUDIBLE
Any sound that can be heard clearly by a person using his or her unaided hearing faculties, including understandable speech, comprehensible musical rhythms, melody, or instrumentation, and detectable rhythmic bass tones.
PROPERTY BOUNDARY
An imaginary line along the ground surface, and its vertical extension, which separates the real property owned, leased, or otherwise legally controlled by one person from that owned, leased, or otherwise legally controlled by another, including intra-building real property divisions.
A. 
This article shall be enforced by any law enforcement officer, as that term is defined in Code of Virginia § 9.1-101, with jurisdiction within the City limits.
B. 
If conduct which would otherwise constitute a violation of this article consists of speech or the communication of persons gathered to hear or observe speech or communication or to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious issues, then the violator must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or issuance of a citation under this article.
A. 
Any person who violates any provision of this article shall be guilty of a Class 3 misdemeanor.
B. 
The person operating or controlling a noise source shall be guilty of any violation caused by that source. If such person cannot be determined, then any owner, manager, tenant, or resident physically present on the property where the violation occurs shall be presumed guilty of the violation.
The following are per se violations of this article:
A. 
Noise generated by a person or group of people that is plainly audible at 100 or more feet from the boundary of the property on which the source of the sound is located.
(1) 
In the downtown business district, this prohibition only applies:
Sunday
1:00 a.m. to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Monday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Tuesday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Wednesday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Thursday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Friday
12:00 midnight to 7:00 a.m.
Saturday
1:00 a.m. to 7:00 a.m.
B. 
Yelling, shouting, screaming, or shrieking on the public streets or sidewalks that is plainly audible at 100 feet between 11:00 p.m. and 7:00 a.m.
C. 
Musical instruments and electronic audio devices that are plainly audible:
(1) 
One hundred or more feet from the boundary of the property on which the sound source is located.
(a) 
In the downtown business district, this prohibition only applies:
Sunday
1:00 a.m. to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Monday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Tuesday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Wednesday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Thursday
12:00 midnight to 7:00 a.m. and 11:00 p.m. to 12:00 midnight
Friday
12:00 midnight to 7:00 a.m.
Saturday
1:00 a.m. to 7:00 a.m.
(2) 
One hundred or more feet from the source of the sound when the source is located on a public street or sidewalk in the downtown business district.
D. 
Motor vehicles.
(1) 
Unnecessarily accelerating or decelerating quickly, revving the engine, or screeching tires.
(2) 
Discharging exhaust except through an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise. An exhaust system does not prevent excessive or unusual noise if it permits noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles of standard make.
(3) 
Playing any audio device located within or on a motor vehicle, if the audio device is plainly audible at 100 or more feet from the vehicle. This prohibition does not apply to security alarms.
(4) 
Sounding a motor vehicle horn or similar signaling device for more than 10 consecutive seconds, except as a safety measure.
E. 
Any amplified sound, intended primarily for a nonemergency purpose, from a bell, chime, whistle, siren, or similar device, for more than 10 consecutive seconds. This prohibition does not include reasonable sounding of those devices by houses of religious worship, ice cream trucks, or seasonal contribution solicitors.
F. 
Barking, howling, meowing, squawking, or other vocalizations of an animal that are plainly audible across a property boundary for 15 minutes between 7:00 a.m. and 11:00 p.m. or 10 minutes between 11:00 p.m. and 7:00 a.m.
G. 
Construction, demolition, alteration, or repair of any building, excavation of any street, or unloading of construction materials that is plainly audible across a property boundary, except this noise is permitted from 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays, Sundays, and holidays.
H. 
Refuse and recycling collection activities between 10:00 p.m. and 6:00 a.m.
The following noise is exempt from the provisions of this article:
A. 
Sounds made in an emergency and sounds made in the performance of emergency or other public safety work (including sirens, loudspeakers, and communications radios in public safety vehicles);
B. 
Sounds made in the course of repairing utility structures, bridges, streets, or highways that pose a clear and imminent danger to life, health, or property;
C. 
Sounds emanating from reasonable recreational, cultural, or leisure activities conducted on public playgrounds and stadiums, and on public or private school grounds, including school athletic and entertainment events;
D. 
Sounds from activities duly authorized under § 38-38 and §§ 66-47 through 66-54; and
E. 
Sounds from the operation of locomotives, aircraft, and related equipment under normal operating conditions.
The City Manager may issue permits to persons allowing the production of noise that might otherwise be prohibited under this article. Those permits shall be limited to a specific event, time period, or activity. The permits shall be issued in accordance with regulations promulgated by the City Manager and published in the City administrative manual.