[HISTORY: Adopted by the City Council of
the City of Lexington as §§ 15-31, 15-32 and 15-33
of the 1958 Code (§§ 15-31 to 15-34 of the 1970 Code);
amended in its entirety 4-6-2023 by Ord. No. 2023-03.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments were adopted on 8-15-1968;
3-14-1974; and 2-2-1984.
The City Council hereby finds and declares that certain noise
is a hazard to public health, welfare, peace and safety and the quality
of life of the citizens of Lexington; that the people have a right
to and should be ensured of an environment free from noise that jeopardizes
public health, welfare, peace and safety or degrades the quality of
life; and that it is the public policy of the City Council to prevent
such noise to the extent such action is not inconsistent with state
or federal law or constitutional rights. Any noise that violates this
chapter is hereby declared to be a nuisance, and the City may apply
its powers regarding the abatement of nuisances to those noise violations.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A permit required for all outdoor activities where sound-amplifying
equipment or equipment for broadcasting music, human voices or other
similar sounds may be used.
A unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter).
The sound level, in decibels, measured with a sound-level
meter using the A-weighting network or scale as specified in ANSI
S1.4-1983, Specification for Sound Level Meters.
One or more rooms arranged, designed, or intended to be occupied
as living quarters, having rigid exterior wall structures.
Any work performed for the purpose of preventing or alleviating
physical injury, illness, or property damage, or work performed by
public and private service companies constructing, inspecting, and
repairing utilities, repairing and maintaining roads, bridges, and
highways, providing snow removal, and the operation of public safety
and emergency vehicles.
The dwelling unit has its doors and windows closed.
Those parts of the campuses of Virginia Military Institute
and Washington and Lee University that are bounded on the southwest
by West Nelson Street (from the City's limits to its intersection
with North Jefferson Street) and on the southeast by North Jefferson
Street (to its intersection with North Main Street) and North Main
Street (to the City's limits) less Tax Map Number 16 1 40 (5
Lee Avenue) and Tax Map Number 16 1 40# (0 Lee Avenue) owned by Washington
and Lee University plus Tax Map Number 17 1 17 (329 North Main Street)
and those portions of Tax Map Number NM 53 situated on the southeast
side of North Main Street owned by Virginia Military Institute.
Is defined as set forth in Va. Code § 32.1-102.1,
as amended.
Every vehicle defined as a motor vehicle by Va. Code § 46.2-100,
as amended.
The intensity, frequency, duration, or character of sounds
from one or more sources.
Any equipment, facility, motor vehicle, conduct, activity
or operation, whether human, animal, mechanical, electronic or other,
and whether continuous, intermittent or sporadic, and whether stationary
or ambulatory in nature, which produces or results in an audible sound.
Any individual, corporation, cooperative, partnership, firm,
association, trust, estate, public or private institution, group,
agency, political subdivision of this state or any legal successor,
representative, agent or agency of the foregoing.
Any sound or noise that can be heard by the human ear with
or without a medically approved hearing aid or device. Specific words
or phrases need not be discernible. The detection of bass reverberations
is sufficient to constitute a plainly audible sound. The sound must
not be so faint that its source cannot be identified.
A public school subject to Va. Code Title 22.1, as amended;
A private school serving children in one or more grades between
kindergarten and grade 12;
A school for students with disabilities as that term is defined
in Va. Code § 22.1-319, as amended;
A child day center as that term is defined in Va. Code § 22.1-289.02,
as amended; and
Any public or private institution of higher education, as those
terms are defined in Va. Code § 23.1-100, as amended.
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.
The weighted sound pressure level obtained by the use of
a sound level meter and the A-frequency weighting network, as specified
in the American National Standards Institute's Specifications
for Sound Level Meters.
Equipment deemed proper to be used to determine the decibel
level of any sound, including noise, as provided in Va. Code §§ 2.2-1112C
and 19.2-270.7, as amended.
Any machine or device for the amplification of the human
voice, music or any other sound, such as loudspeakers, public address
systems, speakers, amplifiers, and similar devices. This term shall
not include warning devices on authorized emergency vehicles, or horns
or other warning devices on other vehicles used only for traffic safety
purposes.
A.
The Police Department shall develop and issue activity permits and
shall be charged with administering and enforcing the provisions of
this chapter and may be assisted by other City departments as directed
by the City Manager.
B.
Any person operating, permitting, or controlling a source of noise
shall be guilty of any violation caused by that source. If the person
operating, permitting, or controlling the noise source cannot be identified,
or the noise source is a business entity or premises, any owner, tenant,
resident, or manager physically present on the property where the
noise source is located may be charged if the circumstances establish
their dominion and control over the noise source.
C.
Whenever an authorized enforcement officer has reason to believe
that a violation of any provision of this chapter has occurred and
may reoccur, such officer may give notice of the violation to the
person operating, permitting, or controlling a source of noise in
violation of this chapter, ordering the person to take such corrective
measures as are necessary to prevent such reoccurrence. If a noise
source in violation of this chapter is a business entity or premises,
any owner, officer, director, or registered agent may be served with
the notice and order. The notice and order shall be in writing and
shall be served personally upon the person to whom directed, or if
not found, by mailing a copy thereof by certified mail to his or her
usual place of abode and conspicuously posting a copy at the premises
affected by notice and order, if any.
D.
Nothing in this chapter shall prevent an authorized enforcement officer
from making efforts to obtain voluntary compliance through warning,
conference, or any other appropriate means.
E.
Any person intending to host an outdoor activity involving the use
of sound-amplifying equipment or other equipment for broadcasting
music, human voices or other similar sounds must obtain an activity
permit from the Police Department. The activity permit issued under
this subsection shall not authorize any violation of this chapter.
Subject to the exceptions provided in § 275-8, any of the following acts, or the causing or permitting thereof, is declared to be a civil violation of this chapter without any requirement of scientific measurement of sound levels by a sound level meter or any similar device. This enumeration shall not be construed to limit, in any way, the general prohibitions contained in § 275-5:
A.
Radios, television sets, musical instruments and similar devices.
Operating, playing or permitting the operation or playing of any radio,
audio system in a motor vehicle, television, record, tape or compact
disc player, drum, musical instrument, any device capable of producing
or reproducing sound, or any similar device in such a manner or with
such volume or duration that it is plainly audible i) inside the confines
of another person's enclosed dwelling unit; ii) at a distance
of 100 or more feet in any direction from the operator between the
hours of 7:00 a.m. and 10:00 p.m. (from Sunday morning through Thursday
night) or the hours of 7:00 a.m. and 11:00 p.m. (from Friday morning
through Saturday night); or iii) at a distance of 50 or more feet
in any direction from the operator between the hours of 10:00 p.m.
and 7:00 a.m. (from Sunday night through Friday morning) or the hours
of 11:00 p.m. and 7:00 a.m. (from Friday night through Sunday morning).
B.
Sound-amplifying equipment and similar devices. Using, operating,
or permitting the operation of any sound-amplifying equipment, mobile
sound vehicle, communication system, or similar device capable of
amplifying sound, including any such device in a motor vehicle, for
any purpose, between the hours of 10:00 p.m. and 7:00 a.m. (from Sunday
night through Friday morning) or the hours of 11:00 p.m. and 7:00
a.m. (from Friday night through Sunday morning) in such a manner as
to permit sound to be plainly audible i) inside the confines of another
person's enclosed dwelling unit; or ii) at a distance of 50 or
more feet from the device.
C.
Vehicle horns, signaling devices and similar devices. Sounding or
permitting the sounding of any horn, whistle, signaling device, or
similar device on any automobile, motorcycle, or other vehicle on
any right-of-way or in any public space continuously or intermittently
for more than 10 consecutive seconds, except when the sounding of
any such device is intended as a danger warning or for traffic safety
purposes.
D.
Nonemergency signaling devices. Sounding or permitting the sounding
of any amplified signal continuously or intermittently from any bell,
chime, siren, whistle, or similar device intended primarily for nonemergency
purposes from any one location for more than 10 consecutive seconds
in any hourly period; provided, however, that this subsection shall
not apply to the sounding of such devices by religious uses or by
public bodies or agencies for testing, traffic control or other public
purposes.
E.
Emergency signaling devices, security, burglar and fire alarms, etc.
Sounding or permitting the continuous or intermittent sounding outdoors
of any emergency signaling device, or any security, burglar or fire
alarm, siren, whistle, or similar device, including without limitation
any motor vehicle security alarm, siren, whistle, or similar device,
for a period in excess of 10 minutes in any residential area and 15
minutes in any other area, except in response to a burglary, attempted
burglary, fire, or other emergency, after giving notice and a reasonable
opportunity for the owner or person in possession of the premises
served by any such alarm to turn off the alarm.
F.
Explosive, fireworks and similar devices. Using or firing any explosives,
fireworks or similar devices which create impulsive sound in such
a manner as to be plainly audible i) inside the confines of another
person's enclosed dwelling unit; or ii) at a distance of 50 or
more feet from the source. An exception to this subsection may be
granted by the City Manager through a fireworks permit.
G.
Yelling, shouting, etc. Yelling, shouting, whistling or singing between
the hours of 10:00 p.m. and 7:00 a.m. (from Sunday night through Friday
morning) or the hours of 11:00 p.m. and 7:00 a.m. (from Friday night
through Sunday morning) in such a manner as to permit sound to be
plainly audible i) inside the confines of another person's enclosed
dwelling unit; or ii) at a distance of 50 or more feet from the source
of the sound.
H.
Social gatherings and parties. Allowing any noise between the hours
of 10:00 p.m. and 7:00 a.m. (from Sunday night through Friday morning)
or the hours of 11:00 p.m. and 7:00 a.m. (from Friday night through
Sunday morning) generated from a gathering of two or more people that
is plainly audible i) inside the confines of another person's
enclosed dwelling unit; or ii) in a residential area, at 50 or more
feet from the gathering.
I.
Schools, public buildings, places of worship, and medical care facilities.
The creation of any noise on the grounds of or on any street adjacent
to any school, court, public building, place of worship, hospital,
nursing home, assisted living facility, or other medical care facility
while the same is in use in a manner that is plainly audible within
such building while it is used and interferes with the operation of
the institution.
J.
Vehicles. Operation of a motor vehicle or operation of a motorcycle
within the City with a gutted muffler, muffler cutout, straight exhaust,
or without interior baffle plates or other effective muffling devices,
as provided by Va. Code § 46.2-1047, as amended.
K.
Construction equipment, pneumatic hammer, chain saw, etc. The operation of any bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, pneumatic hammer, chain saw, steam shovel, derrick, steam or electric hoist, or other appliance or other construction equipment between the hours of 7:00 p.m. and 7:00 a.m., except as provided in § 275-8 below, or as specifically deemed necessary and authorized by a written document issued by the City Manager or his/her designee.
L.
Animals. Allowing any animal or bird to create sound or noise that
is plainly audible at least once a minute for 20 consecutive minutes
i) inside the confines of another person's enclosed dwelling
unit; or ii) at a distance of 50 feet or more from the animal or bird.
This subsection shall not apply to any bona fide agricultural activity.
M.
Commercial vehicle and trash collection vehicle operation. The operation
of a trash, refuse, waste, or recycling collection vehicle, or other
commercial vehicle, between the hours of 10:00 p.m. and 7:00 a.m.,
in such a manner as to be plainly audible inside the confines of another
person's enclosed dwelling unit. This subsection shall not apply
to the operation of such vehicles on the main campuses of Virginia
Military Institute and Washington and Lee University.
N.
Lawn care activities. Creating any sound or noise plainly audible
inside the confines of another person's enclosed dwelling unit
between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf
removal, gardening, tree maintenance or removal or other landscaping,
lawn or timbering activities.
A.
In addition to the specific prohibitions of § 275-4 above, certain other sounds or noises shall be regulated on a decibel basis as measured by a sound level meter.
B.
Subject to the exceptions provided in § 275-8, any of the following acts, or the causing or permitting thereof, is declared to be a criminal violation of this chapter:
(1)
Operating, permitting, or causing any source of sound or noise to
create a sound level inside the confines of another person's
enclosed dwelling unit: i) between the hours of 10:00 p.m. and 7:00
a.m. (from Sunday night through Friday morning) or the hours of 11:00
p.m. to 7:00 a.m. (from Friday night through Sunday morning) in excess
of 55 dBA, or ii) between the hours of 7:00 a.m. and 10:00 p.m. (from
Sunday morning through Thursday night) or the hours of 7:00 a.m. to
11:00 p.m. (from Friday morning through Saturday night) in excess
of 65 dBA, when measured inside the enclosed dwelling unit at least
four feet from the wall nearest the source, with doors and windows
to the receiving area closed.
(2)
Operating, permitting, or causing any source of sound or noise to
create a sound level that when measured in any public area, including
but not limited to any public street or sidewalk, or from other private
property: i) between the hours of 7:00 a.m. and 10:00 p.m. (from Sunday
morning through Thursday night) or between the hours of 7:00 a.m.
and 11:00 p.m. (from Friday morning through Saturday night) exceeds
75 dBA, or ii) between the hours of 10:00 p.m. and 7:00 a.m. (from
Sunday night through Friday morning) or between the hours of 11:00
p.m. and 7:00 a.m. (from Friday night through Sunday morning) exceeds
65 dBA; provided, however that the provisions of this subsection shall
not apply to any outdoor performance, parade, gathering, dance, concert,
show, sporting event, or other event sponsored by the City or for
which the City has issued a special permit authorizing the activity.
A.
The decibel level of any sound or noise regulated on a decibel basis
by this chapter shall be measured by a sound level meter. Such measurements
shall be accepted as prima facie evidence of the decibel level of
the sound or noise at issue in any court or legal proceeding to enforce
the provisions of this chapter.
B.
The accuracy of the sound level meter may be tested by a calibrator.
Any sworn report of the results of any test of the calibrator for
the accuracy of a sound level meter shall be admissible in court in
any criminal or civil proceeding, as evidence of the facts therein
stated.
C.
An individual operating a sound level meter pursuant to the provisions
of this chapter shall issue a certificate to indicate:
(1)
That the sound level meter used to take the decibel level reading
was operated in accordance with the manufacturer's specifications;
(2)
That the City has on file a sworn report which states that the sound
level meter has been tested within the past 12 months and has been
found to be accurate;
(3)
The name of the accused;
(4)
The location of the sound or noise;
(5)
The date and time that the reading was made; and
(6)
The decibel level reading.
D.
Such certificate, when attested by the operator taking the decibel
level reading, shall be admissible in court in any proceeding as evidence
of the facts therein stated and of the decibel level reading. A copy
of the certificate shall be delivered to the accused upon request.
A.
Civil violations. Any person who commits, permits, or assists in any violation of § 275-4 of this chapter, whether by act or omission, shall be liable for a civil violation as follows:
B.
Procedures for civil violations.
(1)
If an authorized enforcement officer determines that a civil violation
of this chapter has occurred, the officer may issue a summons as a
notice of violation to be served on any or all persons committing,
permitting, or assisting in such violation.
(2)
The summons shall provide that the person charged with a violation
may elect to make an appearance in person, or in writing by mail,
to the Clerk of the District Court with jurisdiction over the person,
and admit liability for or plead no contest to the violation, abate
the violation, and pay the civil penalty established for the violation,
all within the time period fixed in the notice.
(3)
If a person charged with a civil violation does not elect to admit
liability or plead no contest, and abate the violation, the violation
shall be tried in a Lexington/Rockbridge District Court upon a warrant
in debt or motion for judgment, with the same right of appeal as provided
for civil actions at law.
(4)
A finding or admission of liability or a plea of no contest to a
civil violation shall not be deemed evidence of a criminal violation
for any purpose.
C.
Criminal violations.
(1)
Any person who commits, permits, or assists in any violation of § 275-5 of this chapter, whether by act or omission, shall be guilty of a misdemeanor as follows:
(2)
Any person who knowingly refuses or neglects to comply with any injunction order issued by a court of competent jurisdiction or any written order to cease or abate any violation of this chapter, issued by an authorized enforcement officer pursuant to § 275-3C, shall be guilty of a misdemeanor as follows:
D.
Injunction. In addition to and not in lieu of the penalties prescribed
in this section, the City may apply to the Rockbridge County Circuit
Court for an injunction against the continuing, repeated, or intermittent
violation of any of the provisions of this chapter and may seek any
other remedy or relief authorized by law.
E.
Each hour of a continued, repeated, or intermittent violation shall
constitute a separate offense, whether civil or criminal, under this
chapter.
A.
Noise created for purposes of alerting persons to the existence of
an emergency, provided such noise ceases once any such threat is no
longer imminent.
B.
Noise created in the performance of emergency and public safety work
or law enforcement activities, including radios, sirens, horns, and
bells on police, fire, or other emergency response vehicles.
C.
Noise created by and as a result of events or activities sponsored
by or carried out by the City, including City utilities work, street
sweeping, snow and ice removal, garbage pickup and similar activities.
D.
Activities permitted by law for which a specific license or permit
has been granted by the City, state or federal government, including,
but not limited to, noise generated by and necessary for the conduct
of public festivals, parades, special events, and celebrations of
recognized federal, state and local holidays.
E.
Noise or sound produced by a horn or warning device of a vehicle
when used as a warning device, including backup alarms for trucks
and other equipment.
F.
Clocks, bells, and carillons between the hours of 7:00 a.m. and 10:00
p.m., provided that any such sounds do not occur for more than five
consecutive or nonconsecutive minutes in any one hour.
G.
Locomotives and other railroad equipment, and aircraft.
H.
Military activities of the Commonwealth of Virginia or of the United
States of America.
I.
Activities for which the regulation of noise has been preempted by
federal law.
J.
Agricultural activities conducted between the hours of 7:00 a.m.
and 10:00 p.m. in an agricultural area.
K.
School-sponsored band performances or practices, athletic contests
or practices and other school-sponsored activities on the grounds
of any school, or on the main campus of Virginia Military Institute
or Washington and Lee University.
L.
Normal and customary use of outdoor recreational facilities owned
or leased by the City or the School Board.
M.
Normal and customary use of open-air venues for which a conditional
use permit has been issued pursuant to the City Zoning Ordinance.
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.
