[HISTORY:[1] Adopted by the Board of Supervisors of the County of Page 8-5-2014. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 125.
[1]
Editor's Note: Former Ch. 81, Noise, adopted 10-17-2006,
was repealed 11-20-2012.
The Board of Supervisors of the County of Page, Virginia, finds
that excessive sound is a serious hazard to the health, safety and
general welfare of its inhabitants and to the quality of life in Page
County; that a substantial body of science and technology exists by
which excessive sound may be substantially abated; that the people
have a right to and should be ensured an environment free from excessive
sound that may jeopardize the public health, welfare, peace and safety
or degrade the quality of life; and that it is the policy of the County
to prevent such excessive sound to the extent such action is not inconsistent
with a citizen's First Amendment rights.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this subsection:
The sound level, in decibels, measured with a sound level
meter using the A-weighting network or scale as specified in the ANSI
S1.4-1983 (specification for sound level meters). The level so read
shall be postscripted dB(A) or dBA.
The local time of day between the hours of 6:00 a.m. and
11:00 p.m. Sunday through Thursday and 6:00 a.m. and 12:00 a.m. Friday
and Saturday.
[Amended 6-16-2015]
A unit that describes the sound pressure level or intensity
of sound. The sound pressure level in decibels is 20 times the logarithm
to the base 10 of the ratio of the pressure of the sound in microbars
to a reference pressure of 0.0002 microbar; abbreviated dB.
Any occurrence or set of circumstances involving actual or
imminent physical injury, illness or property damage which requires
immediate action.
Any work performed for the purpose of preventing or alleviating
the physical injury, illness or property damage threatened or caused
by an emergency.
The local time between the hours of 11:00 p.m. and 6:00 a.m.
Sunday through Thursday and 12:00 a.m. and 6:00 a.m. Friday and Saturday.
[Amended 6-16-2015]
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
The smallest parcel of real estate owned or leased by the
same person or persons.
An imaginary line along the ground surface, and its vertical
extension, which separates the real estate, including the dwelling
units within a structure owned or leased by one person, from that
owned or leased by another person.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity, and frequency.
Any conduct, activity or operation, whether human, mechanical,
electronic or other, and whether continuous, intermittent or sporadic,
and whether stationary or ambulatory in nature, which produces or
results in a sound.
The weighted sound pressure level obtained by the use of
a sound level meter and the A-frequency weighting network, as specified
in American National Standards Institute specifications for sound
level meters.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
A.Â
Except as otherwise provided, any noise which emanates from any operation,
activity or source and which exceeds the maximum permissible sound
levels established in this section below is hereby prohibited. Such
levels shall be measured at the property boundary of the complainant
closest to the sound source or at any point within the property of
the complainant affected by the noise or at any point of the interior
of the complainant's residence. When a noise source can be identified
and its noise measured in more than one zoning district classification,
the limits of the most restrictive classification shall apply.
|
Maximum Permissible Sound Pressure Levels
| |||
|---|---|---|---|
|
Zoning District Classification
|
Maximum dBA Daytime
|
Maximum dBA Nighttime
| |
|
R
|
62
|
57
| |
|
A-1
|
62
|
57
| |
|
C-1
|
62
|
57
| |
|
P-R, W-C, A-F
|
62
|
57
| |
|
I-1
|
62
|
57
| |
B.Â
Measurements in multifamily dwellings or mixed-use structures. In
a structure used as a multifamily dwelling or a mixed-use structure,
the Sheriff may take measurements to determine sound levels from indoor
common areas or other dwelling units within the structure, when requested
to do so by a residential occupant in possession and control thereof.
Such measurement shall be taken at a point at least four feet from
the wall, ceiling or floor nearest the noise source, with doors and
windows to the receiving area closed.
The decibel level of any noise regulated on a decibel basis
by this chapter shall be measured by a sound level meter. The test
results shall be prima facie evidence if administered in accordance
with § 19.2-270.7, Code of Virginia (1950), as amended.
In order to implement and enforce this chapter effectively, the Sheriff
shall promulgate standards and procedures for using and testing sound
level meters used in the enforcement of this chapter. Such meters
shall be used for enforcement of this code by deputies of the Page
County Sheriff's Office who have been properly trained in their
use. Calibration of such meters shall be in compliance with the recommended
standards and procedures of the manufacturer and copies provide to
the courts of jurisdiction.
A.Â
Bona fide agricultural activities, practices, tilling, orcharding,
raising of livestock or poultry and farming, including but not limited
to bona fide agricultural exhibitions and fairs open to the general
public whether for an admission fee or otherwise, and the operation
of equipment, machinery, tools, devices or apparatus in connection
with such activities, practices, etc., are hereby expressly exempted
from the provisions of this chapter.
B.Â
The provisions of this chapter shall not apply to activities or uses
permitted under the provisions of issued special use or conditional
use permits in force and effect where the noises and sounds generated
by such activities or uses are addressed and controlled by the provision
of said conditional use permits. Before any special use or conditional
use permit shall be issued concerning a use or activity creating or
causing such a noise or noises as would cause such use or activity
to be in violation of this chapter were it not for the provisions
of said permit, the Board of Supervisors shall make a determination
that the potential danger or disturbance to the community is outweighed
by the benefit to the public interest by permitting such use or activity.
C.Â
The provisions of this chapter shall not apply to activities or uses conducted in industrial or commercial zoned districts or in areas in connection with bona fide commercial, industrial or business activities, provided that the use or activity is in compliance with Chapter 125, Zoning, excluding, however, camping or other recreational activities, which shall not be exempt.
D.Â
The provisions of this chapter shall not apply to formal or informal
sport shooting. The operation or use of a sport shooting range by
any person shall not be the subject of a violation of this chapter,
provided that the sport shooting range is operated pursuant to the
provisions of a special use or conditional use permit or is on private
land and is used by or with the permission of the landowner or tenant.
Formal or informal sport shooting does not include the discharge of
automatic weapons, unless they are properly licensed for such use
under existing state and federal laws [See § 18.2-295, Code
of Virginia (1950), as amended, and as defined in 26 U.S.C. § 5845(b)
or (f)]; grenades, cannons (whether powder-fired, carbide or compressed
gas) or other like types of firearms and weaponry, unless such use
is in conjunction with a recognized ceremonial or similar act by an
organization such as a VFW post, or by special use permit.
E.Â
The provisions of this chapter shall not apply to any lawful hunting
activities or hunting-related activities.
F.Â
The provisions of this chapter shall not apply to bona fide activities
and events of farm wineries and/or breweries licensed in accordance
with Title 4.1 of the Code of Virginia, as amended, from time to time,
to market and sell their products, as long as such activities and
events are usual and customary for farm wineries and licensed breweries
throughout the commonwealth. However, this exemption shall not be
applicable to use of outdoor amplified music arising from activities
and events at such farm wineries or licensed breweries.
G.Â
Additional exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in § 81-3 of this chapter:
(1)Â
Band performances or practices, athletic contests or practices and
other school-sponsored activities on the grounds of public or private
schools.
(2)Â
Athletic contests and other officially sanctioned activities in school
facilities.
(3)Â
Activities related to the construction, repair, maintenance, remodeling
or demolition, grading or other improvement of real property.
(4)Â
Gardening, lawn care, tree maintenance or removal, and other landscaping
activities.
(5)Â
Church bells, carillons, or calls to worship by other sound-producing
devices.
(6)Â
Religious or political gatherings to the extent that those activities
are protected by the First Amendment to the United States Constitution.
(7)Â
Public transportation, refuse collection and sanitation services.
Notwithstanding the provisions of this chapter, in the event
the County has previously issued a special use permit which includes
provisions regarding the regulation of noise and such provisions do
not conform to the standards and provisions contained herein, this
chapter shall not invalidate such special use permit, as long as such
special use permit is not terminated and remains in full force and
effect.
A.Â
In the event of an alleged violation of this chapter, the Sheriff
of Page County or his deputies shall administer and enforce this chapter
with all the rights and authority provided for in this chapter. Any
said deputy shall have the authority to make any necessary inspection,
with the consent of the owner, occupant, operator or agent, to enforce
any provisions of this chapter, whenever any such deputy has reasonable
cause to believe that there is a violation of this chapter. If any
owner, occupant, operator or agent fails to allow or refuses free
access and entry to the premises where a noise source is located,
or any part thereof, with respect to which an inspection authorized
by this chapter is sought to be made, any such deputy or the County
Administrator or his duly authorized agent may, upon a showing of
probable cause to believe a violation of this chapter is being or
has been committed, secure a search warrant or petition and obtain
from a court of competent jurisdiction an order authorizing such inspection.
B.Â
Nothing herein shall be construed to prevent the abatement, by injunction
or otherwise, of such noises as may constitute a nuisance; provided,
however, that nothing herein contained shall abrogate or restrict
the provisions of the Virginia Right to Farm Act, § 3.2-302,
Code of Virginia (1950), as amended.
C.Â
Whenever the administrator or his agent or any of said law enforcement
officers determines that any noise source meets the requirements set
forth in this chapter, he may obtain a warrant or summons for the
prosecution of such violation.
Any person convicted of a violation of this chapter shall be
guilty of a Class 4 misdemeanor punishable by a fine of not more than
$250. Each such occurrence shall constitute a separate offense.
A determination of invalidity or unconstitutionality by a court
of competent jurisdiction of any clause, sentence, paragraph, section
or part of this chapter shall not affect the validity of the remaining
parts thereto.
