[HISTORY: Adopted by the Town Council of the Town of Elkton 12-18-2000; amended in its entirety 7-21-2014. Subsequent amendments noted
where applicable.]
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:
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 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 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.
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.
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 five hundred 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 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.
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 sound source
or at any point within any other property affected by the noise or
at any point of the interior of a residence of another. 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
| |
|
A-1
|
62
|
57
| |
|
B-1, B-2, B-3
|
62
|
57
| |
|
C-1
|
62
|
57
| |
|
FH-1
|
62
|
57
| |
|
I-1
|
62
|
57
| |
|
M-1
|
62
|
57
| |
|
R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8
|
62
|
57
| |
B.
Measurements in multifamily dwellings or mixed use structures. In
a structure used as a multifamily dwelling or a mixed use structure,
the police officers 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.
A.
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
| |||
|---|---|---|---|
|
Vehicle Class
|
Speed Limit 35 Miles per Hour or Less
|
Speed Limit Over 35 Miles per Hour
| |
|
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
| |
B.
No person shall sound a horn or other signaling device on any motor
vehicle except as an emergency or danger warning signal.
C.
This section shall not apply to any motor carrier vehicle engaged
in interstate commerce.
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.
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
to be in violation of this chapter were it not for the provisions
of said permit, the Town Council 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 110, Land Development, 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 Code of Virginia 1950,
§ 18.2-295, 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.
Additional exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in § 118-3 of this chapter:
(1)
Band performances or practices, athletic contests or practices and
other school-sponsored activities on the grounds of public or private
schools.
(2)
Athletic contests and other officially sanctioned activities in school
facilities.
(3)
Activities related to the construction, repair, maintenance, remodeling
or demolition, grading or other improvement of real property.
(4)
Gardening, lawn care, tree maintenance or removal, and other landscaping
activities.
(5)
Church bells, carillons, or calls to worship by other sound-producing
devices.
(6)
Religious or political gatherings to the extent that those activities
are protected by the First Amendment to the United States Constitution.
(7)
Public transportation, refuse collection and sanitation services.
A.
The Town Manager or his designated agent shall administer and enforce
this chapter with all the rights and authority provided for in this
chapter. The Town Manager or his designated agent 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
the Town Manager or his designated agent 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, the Town Manager or his designated 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; provided,
however, that nothing herein contained shall abrogate or restrict
the provisions of the Virginia Right to Farm Act, Code of Virginia
1950, § 3.2-302, as amended.
C.
Whenever the Town Manager or his designated agent 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 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.
