ORDINANCE NO.  09-07(   )

 

AN ORDINANCE TO AMEND CHAPTER 7, HEALTH AND SAFETY, ARTICLE I, NOISE, AND ARTICLE II, NAMING OF ROADS AND NUMBERING OF PROPERTIES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 7, Health and Safety, Article I, Noise, and Article II, Naming of Roads and Numbering of Properties, are hereby amended and reordained as follows:

 

By Amending:

 

Sec. 7-100        Purpose and intent

Sec. 7-101        Administration and enforcement

Sec. 7-103        Definitions

Sec. 7-104        Prohibited noise

Sec. 7-105        Prohibited acts enumerated

Sec. 7-106        Exempt sounds

Sec. 7-201        Designation of agent

 

Chapter 7.  Health and Safety

 

Article I.  Noise

 

Sec. 7-100  Purpose and intent.

 

            The board of supervisors hereby finds and declares that excessive or unwanted sound is a serious hazard to the public health, safety, welfare, and quality of life, and that the inhabitants of the county have a right to and should be free from an environment of excessive or unwanted sound in public places such as streets and parks and on private property.  Therefore, it is the policy of the county and the purpose and intent of this article to prohibit such excessive or unwanted sound as provided herein in order to promote an environment for all county inhabitants that is free from noise that jeopardizes their health, safety, welfare and quality of life.

 

(§ 12.1-1, 9-10-80, § 1; Code 1988, § 12.1-1; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-1200.

 

Sec. 7-101  Administration and enforcement.

 

            The chief of police is hereby designated the agent of the board of supervisors in the administration and enforcement of this article.  The chief of police may be assisted in the enforcement of this article by employees of the department of building code and zoning services community development, the department of engineering and public works general services, and other officers and employees of the county. 

 

(§ 12.1-3, 9-10-80, § 3; 11-14-84; Code 1988, § 12.1-3; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-1200.

 

Sec. 7-103 Definitions.

 

            The following definitions shall apply to this article.  The definitions of any sound-related terms not defined herein shall be obtained from the American Standard Acoustical Terminology if defined therein.

 

            (1)  Emergency operation.  The term “emergency operation” means any emergency service provided by any police, sheriff, fire or fire and rescue department, any ambulance service or any  other emergency service requiring a prompt response, and any emergency repair of public facilities or public utilities.

 

            (2)  Motorcycle.  The term “motorcycle” means any motorized vehicle, whether registered as a motor vehicle or not, designed to travel on not more than three (3) wheels in contact with the ground and any four (4)-wheeled vehicle weighing less than five hundred (500) pounds, excepting riding mowers, farm and lawn tractors.

 

            (3)  Motor vehicle.  The term “motor vehicle” means 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 road, except devices moved by human power or used exclusively upon stationary wheels or tracks.

 

            (4)  Noise.  The term “noise” means any sound which is excessive or unwanted audible for the applicable duration, from the applicable distance, during the applicable hours, or which is above the specified decibel levels provided in sections 7-104 and 7-105, but does not include any sound which is exempt pursuant to section 7-106.

 

            (5)  Occupied structure.  The term “occupied structure” means a structure which is occupied by persons for any purpose and whose doors and windows are closed when the audibility of a sound is determined under section 7-105.  

 

            (56Person.  The term “person” means any natural person, association, partnership, corporation or other legal entity.

 

            (67Road.  The term “road” means a public or private thoroughfare which affords access to abutting property.

 

(§ 12.1-2, 9-10-80, § 2; 6-10-81; Code 1988, § 12.1-2; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-1200.

 

Sec. 7-104 Prohibited noise.

 

            It shall be unlawful for any person to create or allow to be created any unreasonably loud, disturbing, raucous or unnecessary noise if the sound is audible by a person with normal hearing from a distance of _____ (___) feet from the sound source, or from within an occupied structure, for a duration of _____ (___) ________ or more within a ______ (___) _______ period Noise of such character, when its intensity and duration is detrimental to the life or health of any person, or which unreasonably disturbs or annoys the quiet, comfort or repose of any person, is hereby prohibited.

 

(Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-1200.

 

Sec. 7-105 Prohibited acts enumerated.

 

            The following acts are declared to be unreasonably loud, disturbing, raucous or unnecessary noise prohibited by section 7-104, but this enumeration shall not be deemed to be exclusiveNotwithstanding section 7-104, it shall be unlawful for any person to create or allow to be created noise from the following acts:

 

A.        Motor vehicle or motorcycle operation.  The operation, or permitting the operation, of any motor vehicle or motorcycle so as to create an unreasonably loud sound resulting from: (i) the removal, alteration or failure to properly maintain its muffler-exhaust or other noise-control equipment; (ii) jackrabbit starts, spinning tires, racing engines, or other operations; or (iii) a refrigeration unit mounted on a motor vehicle, if the sound is audible by a person with normal hearing from a distance of _____ (___) feet from the sound source, or from within an occupied structure, for a duration of _____ (___) ________ or more within a ______ (___) _______ period.

 

B.         Radios, tape players, televisions, musical instruments, sound amplification equipment, and electronic and similar devices.  The operation, or permitting the operation, of any radio, tape player, television, phonograph, musical instrument, sound amplification equipment, electronic or other similar device which produces, reproduces or amplifies sound when in such a manner: (i) as to annoy or disturb the quiet, comfort or repose of any person in a dwelling, hotel or other type of residence, when such the device is not operated in or on a motor vehicle in a location other than a place of public entertainment as provided in section 7-105(C); or (ii) as to annoy or disturb the quiet, comfort or repose of any person across any real property boundary when such the device is operated in or on a motor vehicle which is parked or being operated on a road; or (iii) as to be audible by someone of normal hearing, from outside a motor vehicle at a distance of 100 feet or more, when such device is located within a motor vehicle which is parked or is being operated on a road, if the sound is audible by a person with normal hearing from a distance of _____ (___) feet from the sound source, or from within an occupied structure, for a duration of _____ (___) ________ or more within a ______ (___) _______ period.

 

C.         Places of public entertainment.  The operation, or permitting the operation, of any radio, tape player, television, phonograph, drum, musical instrument, sound amplifier amplification equipment, electronic or other similar device which produces, reproduces or amplifies sound in any place of public entertainment in such a manner as to annoy or disturb the quiet, comfort or repose of any person not within the place of public entertainment if the sound is audible by a person with normal hearing from a distance of _____ (___) feet from the sound source or from within an occupied structure for a duration of _____ (___) ________ or more within a ______ (___) _______ period between the hours of 10:00 p.m. and 7:00 a.m.

 

            D.        Noise near institutions.  The creation of any excessive noise sound on any street adjacent to any school, institution of learning or court, while such the school, institution of learning, or court is in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or disturbs or unduly annoys patients in the hospital if the sound is audible by a person with normal hearing within the school, institution of learning, court or hospital for a duration of _____ (___) ________ or more within a ______ (___) _______ period; provided that conspicuous signs are posted and visible in such streets on the street adjacent to those uses indicating stating that such the street is adjacent to a school, institution of learning, court or hospital or court street.

 

            E.         Sound level exceeding ambient sound level by 15 decibels.  The creation of sound which causes a fifteen (15) dBA increase in the sound level above the ambient sound level, as determined pursuant to the zoning ordinance.

 

(Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-1200.

 

Sec. 7-106 Exempt sounds.

 

            The following sounds shall not be prohibited by this article:

 

            A.        Emergency operations.  Sound generated in the performance of emergency operations including, but not limited to, audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger.

 

            B.         Silvicultural or agricultural activities.  Sounds generated during lawfully permitted bona fide silvicultural or agricultural activities including, but not limited to, logging activities and sounds caused by livestock.

            C.         Construction, demolition and/or maintenance activities.  Sounds generated from construction, demolition and/or maintenance activities between 7:00 a.m. and 10:00 p.m.

 

            D.        Transient sounds from transportation.  Transient sounds generated by transportation including, but not limited to, public and private airports (except as otherwise regulated), aircraft, railroads and other means of public transit.

 

            E.         School athletic contests or practices, and other school activities.  Sounds generated from school athletic contests or practices, and other school activities, but only if conditions are imposed which regulate the generation of sound including, but not limited to, conditions regulating the hours of the activity and the amplification of sound.

 

            F.         Parades, fireworks and similar officially sanctioned events.  Sounds generated from parades, fireworks or other similar events which are officially sanctioned, if required.  This exemption shall not apply to private fireworks displays.

 

            G.         Yard maintenance activities.  Sounds generated from routine yard maintenance activities including, but not limited to, mowing, trimming, clipping, leaf blowing and snow blowing.

 

            H.        Public facilities.  Sounds generated from the operation of a public facility or public use.

 

            I.          Warning devices.  Sounds generated by a horn or warning device of a vehicle when used as a warning device, including back-up alarms for trucks and other equipment.

 

            J.          Church bells or chimes.  Sounds generated by church bells or chimes.

 

            K.        Firearms.  Sounds generated from the lawful discharge of a firearm.

 

            L.         Animals.  Sounds generated from animals including, but not limited to, barking dogs, except as provided in chapter 4.

 

            M.        Protected expression.  Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression.

 

(§ 12.1-7, 9-10-80, § 7; Code 1988, § 12.1-7; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-1200.

 

Article II.  Naming of Roads and Numbering of Properties

 

Sec. 7-201  Designation of agent.

 

            The director of planning and community development is hereby designated the agent under Virginia Code § 15.2-2019 for the purpose of assigning road names and property addresses, and for the development and maintenance of a manual and maps, as provided in sections 7-202 and 7-203.

 

(§ 16.01-2, 7-8-92; 10-13-93; Code 1988, § 16.01-2; Ord. A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-2019.

 

 

 

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