The Town Council of the Town of Elkton, 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 the Town
of Elkton; 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 Town
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:
A-WEIGHTED DECIBEL
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.
DAYTIME
The local time of day between the hours of 7:00 a.m. and
10:00 p.m.
DECIBEL
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.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical injury, illness or property damage which requires
immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical injury, illness or property damage threatened or caused
by an emergency.
FARM ANIMALS, LIVESTOCK and POULTRY
Have their usual and ordinary meanings as they are described
in Code of Virginia 1950, § 58.1-3505, Subsection A1 through
5, as amended, and in Code of Virginia 1950, § 3.2-6500,
as amended, definitions of livestock and poultry, but do not include
companion animals as therein defined, or hybrid canines, as defined
in Code of Virginia 1950, § 3.2-6581, as amended.
GROSS VEHICLE WEIGHT RATING (GVWR)
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.
MOTORCYCLE
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 five hundred pounds and equipped with an engine of less
than six horsepower, excepting farm tractors.
MOTOR VEHICLE
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.
NIGHTTIME
The local time between the hours of 10:00 p.m. and 7:00 a.m.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of humans; or
B.
Endangers or injures personal or real property.
PROPERTY
The smallest parcel of real estate owned or leased by the
same person or persons.
PROPERTY LINE
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.
SOUND
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.
SOUND GENERATION
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.
SOUND LEVEL
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.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
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 Code of Virginia 1950, § 19.2-270.7, as amended. In
order to implement and enforce this chapter effectively, the Town
police 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 officers of the Town
of Elkton's Police 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 provided to
the courts of jurisdiction.
It shall be unlawful for any person to allow any animal, except
farm animals, livestock and poultry as defined herein, to create noise
such that it is audible at least once a minute for 10 consecutive
minutes at the property line, as defined herein.
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.
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.