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Chapter 23 - NOISE#
Footnotes:#
(1) ---
Editor's note— Ord. No. 2010-22, adopted September 14, 2010, repealed the former chapter 23, §§ 23-1—23-5, and enacted a new chapter 23 as set out herein. The former chapter 23 pertained to similar subject matter and derived from Ord. No. 2008-17, adopted December 9, 2008 and Ord. No. 2010-11, adopted June 8, 2010.
State Law reference— Regulation of vehicle noise, Code of Virginia, § 15.2-919; civil penalties for noise ordinances, Code of Virginia, § 15.2-980; applicability of noise ordinances to certain sport shooting ranges, Code of Virginia, § 15.2-917.
Sec. 23-1. - Declaration of findings and policy.#
The city council hereby finds and declares that excessive sound is a serious hazard to the public health, welfare, peace, safety, and the quality of life; 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 City of Hopewell to prevent such excessive sound.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-2. - Administration and enforcement.#
(a) The noise control program established by this chapter shall be enforced and administered by the chief of police and/or his designees, with the assistance of other city departments as required.
(b) An individual complainant may appear before a magistrate and request a summons to be issued.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-3. - Definitions.#
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
A-weighted decibel means 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.
Commercial purpose means the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.
Daytime means the local time of day between the hours of 7:00 a.m. and 11:00 p.m.
Decibel means a unit that describes the sound pressure level or intensity of sound. The sound pressure level in decibels is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound in microbars to a reference pressure of 0.0002 microbar; abbreviated dB.
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Gross vehicle weight rating (GVWR) means 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.
Motor carrier vehicle engaged in interstate commerce means 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.
Motorcycle means any motor vehicle designed to travel on not more than three (3) wheels in contact with the ground and any four-wheeled vehicle weighing less than five hundred (500) pounds and equipped with an engine of less than six (6) horsepower, excepting farm tractors.
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 street or highway, except devices moved by human power or used exclusively upon stationary wheels or tracks.
Nighttime means the local time between the hours of 11:00 p.m. and 7:00 a.m.
Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noise disturbance means any sound which:
(1) Endangers or injures the safety or health of humans; or
(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Endangers or injures personal or real property; or
(4) Exceeds the applicable maximum permissible sound levels as they appear in the table in section 23-4.
Property means the smallest real estate owned or leased by the same person or persons.
Property line means an imaginary line along the ground surface, and its vertical extension, which separates the real property, including the dwelling units within a structure owned by one person, from that owned or leased by another person.
Residential zone means any location within any of the residential, mixed use, planned unit development districts as shown on the city zoning map or as defined in the zoning ordinance of the City of Hopewell.
Sound means 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.
Sound level means 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.
Sound level meter means an instrument to measure sound pressure levels that meets or exceeds performance standards for a Type 2 meter as specified by the ANSI.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-4. - Maximum permissible sound levels generally.#
(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 line of the property from which the sound source emanates, or at any point within any other property affected by the noise. 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 |
|---|---|---|
| Residential | 60 | 55 |
| Mixed Use District | 60 | 55 |
| Commercial | 65 | 60 |
| Office | 65 | 60 |
| Industrial | 79 | 72 |
(b) Heating and cooling systems, including but not limited to air conditioners and heat pumps, shall not be subject to the maximum levels enumerated above.
(c) Any person, with lawfully obtained permits, who during daytime, causes to be operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, alleys or appurtenances thereto in the outdoors in any residential district within one hundred (100) yards of a lawfully occupied dwelling shall not be subject to the levels enumerated above.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-5. - Testing of metering devices.#
In order to implement and enforce this chapter effectively, the chief of police shall, within a reasonable time after the effective date of same, develop and promulgate standards and procedures for testing and validating sound level meters used in enforcement of this chapter.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-6. - Motor vehicle maximum sound levels.#
(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 fifty (50) feet or more exceeds the level set forth in the following table:
Sound Level in dBA
| Vehicle Type | Speed Limit 35 M.P.H. or less | Speed Limit Over 35 M.P.H. |
|---|---|---|
| All motor vehicles of GVWR or GCWR of 6,000 lbs. 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) The foregoing provision shall not apply to any motor carrier vehicle engaged in interstate commerce.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-7. - Measurement procedures.#
The measurement of sound or noise pursuant to this chapter shall be as follows:
(1) The measurement of sound or noise shall be made with sound level meters Type 1 or Type 2 which meet the standards prescribed by the ANSI. The instruments shall be maintained in calibration and good working order. A calibration shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. A minimum of three (3) sound level readings will be taken. The geometric mean of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in section 23-8 above, three (3) dB shall be subtracted out of the average sound level.
(2) The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in section 23-8 above.
(c) Unless otherwise specified, the measurement shall be made at the property boundary on which such noise is generated, or at any point within the receiving property affected by the noise.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-8. - Specific loud noises prohibited.#
In addition to the prohibitions listed in the preceding sections, it shall be unlawful for any person to cause, or permit to be caused, any of the following prohibited sounds or noises:
(1) To use, operate or play any radio, phonograph, television, record, compact disc, tape player, musical instrument, loudspeaker, sound amplifier, digital music device, DVD player, MP3 player, or any other machine or device capable of producing or reproducing sound in such a manner, or with such volume, that it is plainly audible at nighttime:
a. Inside the confines of the dwelling unit, house, condominium, or apartment of another person; or
b. At a distance of fifty (50) feet, or more from the device, except for devices properly authorized and permitted to be used at public parks, recreation fields, sporting events, school-sponsored activities on school grounds, or duly authorized parades, public functions or commemorative events.
(2) To cause or allow noise at nighttime that is generated, caused, or created by a gathering of six (6) or more people where said noise:
a. Is plainly audible inside the confines of the dwelling unit, house, condominium, or apartment of another person; or
b. Is plainly audible at a distance of fifty (50) feet, or more from the noise.
(3) To play or permit the playing of any radio, stereo, tape player, compact disc player, MP3 player, digital music player, loud speaker or other electronic device or mechanical equipment used for the amplification of sound, which is located within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of fifty (50) feet or more from the vehicle.
This provision shall also not apply to the playing of music or jingles by an ice cream truck or similar mobile food-service vehicle, provided such vehicle may emit sounds otherwise prohibited by this subsection only between the hours of 8:00 a.m. and 9:00 p.m.
(4) To allow any animal or bird to create any noise or sound that it is plainly audible at least once a minute for ten (10) consecutive minutes (i) inside the confines of the dwelling unit, house, condominium, or apartment of another; or (ii) at seventy-five (75) or more feet from the animal or bird; or
To allow a dog to bark for more than ten (10) times per minute for five (5) consecutive minutes, where said dog's bark is plainly audible (i) inside the confines of the dwelling unit, house, condominium, or apartment of another; or (ii) at seventy-five (75) or more feet from the dog.
(5) To create any plainly audible sound or noise in residential areas between 10:00 p.m. and 6:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles.
(6) To create any plainly audible sound or noise in residential areas between 10:00 p.m. and 6:00 a.m. in connection with the construction or demolition of any building, structure, or parking lot.
(7) To create any plainly audible sound or noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities.
(8) To sound any car or truck horn at nighttime where said horn:
a. Is plainly audible inside the confines of the dwelling unit, house, condominium, or apartment of another person; or
b. Is plainly audible at a distance of fifty (50) feet, or more from the noise.
This provision shall not apply to horns that are sounded in case of an emergency or to provide a warning to other motor vehicles.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-9. - Exemptions.#
The prohibitions contained in this chapter shall not apply to any sound or noise generated by any of the following:
(1) Sound or noise which is necessary for the protection or preservation of property or the health, safety, life or limb of any person, including sound or noise caused by restoration of utility service after an interruption.
(2) Sound or noise which is necessary for the maintenance or construction of roads and highways.
(3) Radios, sirens, horns and bells on police, fire or other emergency response vehicles.
(4) Parades, fireworks displays, and other organized public activities authorized by permit issued by an official of the city.
(5) Band performances or practices, athletic contests or practices and other school-sponsored activities on the grounds of public or private schools, colleges or universities.
(6) Athletic contests and activities, and other officially-sanctioned activities in city parks.
(7) Fire alarms, burglar alarms and car alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises or vehicle served by any such alarm to turn off the alarm.
(8) Military activities of the state or of the United States of America.
(9) Political gatherings and other activities protected by the First Amendment to the United States Constitution.
(Ord. No. 2010-22, 9-14-10)
Sec. 23-10. - Penalties.#
(a) A first or second violation of this article shall be deemed a Class 3 misdemeanor which shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than two hundred fifty dollars ($250.00) for a first offense, and not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00) for a second offense.
Any person convicted of a violation of this article within less than three (3) years after conviction of a second or subsequent offense under this article, shall be guilty of Class 2 misdemeanor which shall be punished by a fine not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00).
Any person convicted of a violation of this article within less than three (3) years after conviction of a third or subsequent offense under this article, shall be guilty of Class 1 misdemeanor which shall be punished by a fine not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00).
(b) Each day a violation continues unabated shall constitute a separate offense.
(c) Criminal enforcement against a person violating this article shall not be a bar against, or a prerequisite for, taking any other action permitted by this Code or the Code of Virginia to abate the violation.
(d) The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.
(e) Any noise that violates both section 23-4 and section 23-8 shall be treated as a single offense for purposes of assessing a penalty.
(Ord. No. 2010-22, 9-14-10)