[HISTORY: Adopted by the Board of Supervisors of Amelia County 2-16-2011. Amendments noted where applicable.]
It is hereby declared to be the public policy of the County to promote an environment for its citizens free from noise that jeopardizes their health or welfare or degrades the quality of life.
The following words, when used in this chapter, shall have the meaning assigned to them in this section:
PLAINLY AUDIBLE
Any sound that can be heard clearly by a person using his or her unaided hearing facilities.
RESIDENTIAL
Refers to single-unit, two-unit, and multiunit dwellings, and residential areas of planned residential zoning district classifications, as set out in Chapter 325, Zoning.
The following acts, or the causing or permitting thereof, are declared to be unlawful loud noises, but this enumeration shall not be deemed to be exclusive:
A. 
Noise generally. The creation of any noise between the hours of 10:00 p.m. and 6:00 a.m.:
(1) 
In such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person; or
(2) 
In such a manner as to be plainly audible at a distance of 200 feet or more from its source.
B. 
Radios, television sets, musical instruments, and similar devices. The using, operating or permitting to be played any radio, musical instrument, record, tape, compact disc player, loudspeaker or other machine or similar device for the producing or reproducing of sound between the hours of 10:00 p.m. and 6:00 a.m.:
(1) 
In such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person; or
(2) 
In such a manner as to be plainly audible at a distance of 50 feet or more from its source.
C. 
Loudspeakers, public address systems and sound trucks. The using, operating or permitting the operation of any loudspeaker, public-address system, mobile sound vehicle or similar device amplifying sound therefrom for any purpose between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person.
D. 
Explosives, fireworks and similar devices. Using or firing any fireworks without a fireworks permit, explosives or similar devices which create impulsive sound between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person.
E. 
Lawn care equipment. Creating noise in residential areas between 10:00 p.m. and 6:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities, except for certain commercial activities set out § 96-4.
F. 
Large party gatherings. Allowing noise between the hours of 10:00 p.m. and 6:00 a.m. that is audible inside the confines of the dwelling unit, house or apartment of another person or at 50 or more feet from the source when the noise is generated from a gathering of 10 or more people.
G. 
Trash collection vehicles. The collection of trash or refuse in residential use districts between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to be plainly audible at any residence 100 or more yards away.
H. 
Vehicles.
(1) 
Operating or using a motor vehicle or motorcycle in such a manner that creates a mechanical or exhaust noise that is plainly audible at a distance of 200 feet or more from the vehicle.
(2) 
Operating sound-amplifying equipment in a motor vehicle at a volume sufficient to be plainly audible at a distance of 100 feet from the vehicle.
I. 
Schools, public buildings, places of worship, and hospitals. Creating any noise on the grounds of any school, court, public building, place of worship or hospital in a manner that is plainly audible within such school, court, public building, place of worship or hospital and interferes with the operation of the institution.
The provisions of this chapter shall have no application to any sound generated by any of the following:
A. 
Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person.
B. 
Radios, sirens, horns, and bells on police, fire, or other emergency response vehicles.
C. 
Parades, permitted fireworks displays, school-related activities, and other such public special events or public activities.
D. 
Dogs.
E. 
Commercial forestry or timbering operation being conducted pursuant to a valid permit or license.
F. 
Commercial landscaping operations not being conducted in a residential subdivision.
G. 
Farming or agricultural operations.
H. 
Locomotives and other railroad equipment.
I. 
Aircraft.
J. 
The striking of clocks.
K. 
Bells from churches and other places of worship.
L. 
Noise generated in connection with business being performed on industrial property.
The provisions of this chapter shall not apply to any noise that is otherwise specifically authorized by a valid special exception, conditional use, or other permit approved by the County.
A. 
Any person violating any of the provisions of this chapter shall be deemed guilty of a civil violation and shall be subject to a fine not exceeding $250 for the first offense and $500 for each subsequent offense. Each day of violation of any provision of this chapter shall be a separate offense.
B. 
The person operating or controlling a noise source shall be guilty of any violation caused by that source. If that cannot be determined, any owner, tenant, resident or manager physically present on the property where the violation is occurring is rebuttably presumed to be operating or controlling the noise source.
This chapter shall be enforced by the Amelia County Sheriff's office, which shall issue a written civil summons, on a form approved by the court, to any person found to be in violation of the provisions contained herein.
Nothing in this chapter precludes a citizen from bringing a private nuisance claim or any other similar action in court against any individual related to noise.