[HISTORY: Adopted by the Town Council of the Town of Stanley 4-8-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
128, Noise, adopted 10-10-1973 as Ch. 10 of the 1973 Code.
It shall be unlawful for any person to create, assist in creating,
permit, continue or permit the continuance of any unreasonably loud
or disturbing sound of such character, intensity, volume, carrying
power or duration as to disturb the comfort, repose, health or safety
of any individual unless the sound is made in an activity conducted
for the protection or preservation of the health, safety or life of
some person. For purposes of this chapter, "disturbing" is defined
as an actual or imminent interference to peace or good order or a
noise which endangers or injures the health or safety of humans or
animals or which annoys or disturbs a reasonable person of normal
sensibilities. "Any person" shall include, without limitation, the
principal actor in the noise-generating activity, any landowner upon
whose land the activity is undertaken, and any owner, occupant, operator
or agent of the source of the noise.
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
SI.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 7:00 a.m. and
10:00 p.m.
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 trauma or property damage which demands immediate
action.
Any work performed for the purpose or preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,
pertaining to motor carriers engaged in interstate commerce.
Any motor vehicle designed to travel on not more than three
wheels in contact with the ground and any four-wheeled vehicle weighing
less than 500 pounds and equipped with an engine of less than six
horsepower, excepting farm tractors.
Any self-propelled device or device designed for self-propulsion
upon or by which any person or property is, or may be, drawn or transported
upon a street or highway, except devices moved by human power or used
exclusively upon stationary wheels or tracks.
The local time between the hours of 10:00 p.m. and 7:00 a.m.
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 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 property, including the dwelling
units within a structure, owned 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 force
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity, and frequency.
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 to measure sound pressure levels that meets
or exceeds performance standards for a Type 2 meter as specified by
the ANSI.
It shall be unlawful to commit the following acts, which are declared to be unreasonably loud or disturbing noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive and the specification of such acts as hereinafter set forth shall not be construed to limit the scope of the general language set forth in § 128-1, namely:
A.
Blowing horns: to frequently sound any horn or signal device in any
other manner or circumstances or for any other purpose than required
by the laws of the state.
B.
Racing engine: to race the engine of any motor vehicle or all-terrain
vehicle or motorcycle while such vehicle is not in motion, except
when necessary to do so in the course of repairing, adjusting or testing
the same or pursuant to the provisions of a special use permit.
C.
Use of vehicle: to use or permit to be used any other motor vehicle
or all-terrain vehicle or motorcycle or engine, stationary or moving
instrument, device or other thing so out of repair, so loaded or so
operated or constructed in such manner as to create an unreasonably
loud or excessive or unreasonable or disturbing or unnecessary noise,
except pursuant to the provisions of a special use permit.
D.
It shall be unlawful for any person to use any device for the production
of sound which is cast upon streets, roads, or lands for the purpose
of commercial advertising.
E.
Radios, phonographs, etc. The using, operating or permitting to be
placed, used or operated, whether in a building, structure, motor
vehicle or otherwise, any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such a manner as to be plainly audible at a distance of
the greater of either the property line of the property on which such
set, etc., is being operated or used or 50 feet from said set, instrument,
phonograph, machine or device, if not located in a building, structure
or vehicle, in which it is located or through partitions common to
two persons within a building, shall be a violation of this chapter.
F.
Exhaust noises: the discharge into the open air of the exhaust of
any steam engine, stationary or moving, or internal combustion engine,
motorboat or motor vehicle, except through a muffler or other device
which will effectively prevent unreasonably loud or explosive noises
therefrom, except pursuant to the provisions of a special use permit.
For purposes of this section, "muffler" is defined as an apparatus
consisting of a series of chambers or baffle plates designed for the
purpose of transmitting gases while effectively reducing sound emanating
from such apparatus to a reasonable level.
G.
Construction or repairing of buildings: the erection, including excavating,
demolition, alteration or repair, of any building or structure between
the hours of 10:00 p.m. and 6:00 a.m., except in case of urgent necessity
in the interest of public health and safety, and then only with a
permit from the Building Official, which permit may be granted for
a period not to exceed three days or less while the emergency continues
and which permit may be renewed for periods of three days or less
while the emergency continues.
H.
Pets: to own, keep and have in one's possession or harbor any
dog, other animals or birds, which by frequent or habitual howling,
yelping, barking or otherwise, make such noises as are plainly audible
across property boundaries or through partitions common to two persons
within a building. Notwithstanding the above, nothing herein shall
be construed to apply to noises emitted from farm animals, livestock
or poultry.
I.
Frequent yelling, shouting, hooting, whistling, singing or making
any vocal noise at any location between the hours of 10:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible at a distance
of the greater of either the property line of the property from which
such sound is emanating or 50 feet from which said sound is emanating.
J.
All such measurement of noise as listed in Subsections A through I (except Subsection H, Pets) of this section shall be measured as follows: The dB(A) shall not exceed 70 dB(A) at the property line or any point on the property of another, or at any point of the interior of a residence of another between the hours of 7:00 a.m. and 10:00 p.m. Such levels shall not exceed 50 dB(A) between the hours of 10:00 p.m. and 7:00 a.m.
In order to implement and enforce this chapter effectively,
the Chief of Police shall, within a reasonable time after the effective
date of same, develop and promulgate standards and procedures for
testing and validating sound level meters used in enforcement of this
chapter. Such meters shall be provided by the Town of Stanley. Such
meters shall be used for enforcement of this chapter by Town of Stanley
police officers 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 shall be provided to
the courts of jurisdiction.
A.
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.
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
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 Town of Stanley 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.
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 215, Zoning, excluding, however, camping or other recreational activities, which shall not be exempt.
D.
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, or as defined in 16 U.S.C. § 5845(b)
or (f)]; or 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.
A.
The Police Chief of Stanley or his officers, where the alleged violation
of this chapter is due to noise generated by an animal, 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 officer
or the Town Manager 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.
Nothing herein shall be construed to prevent the abatement, by injunction
or otherwise, of such noises as may constitute a nuisance.
C.
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.
No person shall operate or cause to be operated a public or
private motor vehicle or motorcycle on a public right-of-way at any
time in such a manner that the sound level emitted by the motor vehicle
or motorcycle, when measured at a distance of 50 feet or more, exceeds
the level set forth in the following table:
|
Sound Level in DBA
| ||
|
Speed Limit
35 m.p.h. or less
|
Speed Limit
Over 35 m.p.h.
| |
|
All motor vehicles of GVWR or GCWR of 6,000 pounds or more
|
86
|
90
|
|
Any motorcycle
|
82
|
76
|
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle
|
76
|
82
|
Any person convicted of a violation of this chapter shall be
guilty of a misdemeanor punishable by confinement in jail for not
more than six months and a fine of not more than $1,000, either or
both. Each such occurrence shall constitute a separate offense.
