[Ord. of 5-6-2019]
In order to promote the public policy of the Town in providing
an environment for its citizens that is free from noise at levels
which can jeopardize their health or welfare or which degrades the
quality of life, the creation and continuation of any noise at such
loud and disturbing levels, as specified within this article, in the
Town limits are hereby prohibited.
[Ord. of 5-6-2019]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DEVICE
Any mechanism which is intended to, or which actually produces
excessive noise when operated or handled.
DISCERNIBLE
The sound is sufficiently distinct such that its source can
be clearly identified.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from immediate exposure to danger, including work performed
by public service companies when emergency inspection, repair of facilities
or restoration of services is required for the immediate health, safety
or welfare of the community.
EXCESSIVE NOISE
Any sound which reaches a level that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on human beings. Specific examples of prohibited excessive noise are set forth in Section
30-32 of this chapter.
INSTRUMENT
Any musical instrument, radio, phonograph, compact disc player,
amplifier or any other device, which produces, reproduces or amplifies
sound.
MIXED USE AREA
The parcel on which one or more residential dwellings and
at least one other non-residential use are located and any contiguous
rights-of-ways, roads, streets, lanes, sidewalks, or other such means
of egress and ingress to any such parcel.
MOTOR VEHICLE
Any vehicle which is self-propelled or designated for self-propulsion,
but not limited to, passenger car, trucks, truck-trailer, semi-trailer,
recreational vehicles, motorboats and racing vehicles; and any motorcycle
(including but not limited to motor scooters and mini-bikes) as defined
in the Code of Virginia, § 46.2-100.
NOISE
Any sound that is either loud, boisterous, unpleasant, unreasonable
or that causes a disturbance of the public peace.
[Amended 11-7-2022 by Ord. No. 2022.12.07.B]
PERSONS
Any individual, corporation, cooperative, company, partnership,
firm, association, trust, estate, private institution, group, agency,
or any legal successor, representative, agent or agency thereof. This
term shall not include the federal, state, county, Town, city or local
government, or any agency or institution thereof.
PLAINLY AUDIBLE
Any sound that can be heard clearly by a person using his
or her unaided hearing faculties. When music is involved, the detection
of rhythmic bass tones shall be sufficient to be considered plainly
audible sound.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, alley or public space,
which is owned or controlled by a public governmental entity.
QUIET ZONE
Whenever the protection of the public health, safety and
welfare so require, after a duly advertised public hearing, the Town
Council may designate any geographical area of the Town as a "quiet
zone." Such designation shall include a description of the subject
area, the reasons for its designation as a quiet zone and shall prescribe
the level of noise which shall be permitted in such a quiet zone.
RESIDENTIAL
Refers to single-unit, two-unit and multiunit dwellings,
and residential areas of planned residential zoning district classifications,
as set out in the Zoning Ordinance, Appendix B, the Code of Ordinances
of the Town of Abingdon, Virginia, as amended.
RESIDENTIAL AREA
Any street, highway or alley in the Town where 60% of the
improved property is occupied by dwellings not used for business purposes.
RESTAURANT
Any building or structure where in the normal course of business
food or drink is available for eating on the premises, in consideration
for payment. For purposes of this chapter, the term restaurant includes,
but is not limited to, banquet halls, bars, lounges, taverns, coffee
shops, nightclubs, cafeterias, cafes and similar dining facilities
(including associated commercial kitchens).
SOUND
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium, and which propagates at a finite to
distance point. The description of sound may include any characteristic
of such sound, including duration, intensity and frequency.
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
STATIONARY NOISE SOURCE
Any equipment or facility, fixed or movable that is capable
of emitting sound beyond the property boundary of the property on
which it is used.