GLOUCESTER COUNTY BOARD OF SUPERVISORS PUBLIC HEARING NOTICE

GLOUCESTER COUNTY BOARD OF SUPERVISORS PUBLIC HEARING NOTICE AN ORDINANCE REPEALING SECTION 13-25 OF CHAPTER 13 AND ENACTING CHAPTER 11 NOISE CONTROL, OF THE GLOUCESTER COUNTY CODE The Gloucester County Board of Supervisors will conduct a Public Hearing on February 1, 2011 beginning at 8:00 p.m. in the Colonial Courthouse located at 6504 Main Street, Gloucester, Virginia, to consider the following: AN ORDINANCE REPEALING SECTION 13-25 OF CHAPTER 13 AND ENACTING A NEW CHAPTER 11 ENTITLED NOISE CONTROL, OF THE GLOUCESTER COUNTY CODE At its regular meeting held May 5, 1992, the Gloucester County Board of Supervisors adopted Section 13-25 -- Loud, disturbing and unnecessary noise. The Supreme Court of Virginia in the case of Tanner, et al. v. City of Virginia Beach declared unconstitutional the City of Virginia Beach's noise control ordinance, which ordinance was substantially the same as Section 13-25 of the Gloucester County Code. County staff has drafted an ordinance that will repeal Section 13-25 and create a new Chapter 11 entitled Noise Control of the Gloucester County Code. The draft ordinance regulates noise in the County based primarily on audibility across property lines, while limiting specified activities which typically generate noise to certain hours of the day. A complete copy of the proposed ordinance amendment is available and may be reviewed at the Gloucester County Administrator s office at 6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info, and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 1720 George Washington Memorial Hwy, Gloucester Point, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator s office at (804) 693-4042. Brenda G. Garton County Administrator

At a meeting of the Gloucester County Board of Supervisors held on Tuesday, February 1, 2011 at 7:00 p.m., in the Colonial Courthouse, located at 6504 Main Street, Gloucester, Virginia: On a motion duly made by, and seconded by the following Ordinance was adopted by the following vote: Carter M. Borden, Robert A. Crewe, John H. Northstein, Michelle R. Ressler, Christian D. Rilee, Louise D. Theberge, Gregory Woodard, AN ORDINANCE REPEALING SECTION 13.25 OF CHAPTER 13 AND ENACTING A NEW CHAPTER 11, ENTITLED NOISE CONTROL, OF THE GLOUCESTER COUNTY CODE WHEREAS, at its regular meeting held May 5, 1992, the Gloucester County Board of Supervisors adopted Section 13-25 -- Loud, disturbing and unnecessary noise; and WHEREAS, by decision dated April 17, 2009, the Supreme Court of Virginia in the case of Tanner, et al. v. City of Virginia Beach declared unconstitutional the City of Virginia Beach's noise control ordinance, which ordinance was substantially the same as Section 13-25 of the Gloucester County Code; and WHEREAS, staff has drafted the following new Chapter 11 entitled Noise Control which will replace the subjective standards of the County s previous noise control ordinance that appeared as Section 13-25 of Chapter 13 of the Gloucester County Code; and WHEREAS, the Board of Supervisors of Gloucester County has held a duly advertised public hearing concerning the ordinance on February 1, 2011. NOW THEREFORE BE IT ORDAINED AND ENACTED, by the Gloucester County Board of Supervisors this 1st day of February, 2011, that Section 13-25 of Chapter 13 of the Gloucester County Code be repealed as follows: Sec. 13-25. Loud, disturbing and unnecessary noise. (a) It shall be unlawful for any person to create, or allow to be created any unreasonably loud, disturbing and unnecessary noise in the county or any noise of such character, intensity and duration as to be detrimental to the life or health of persons of reasonable sensitivity, or to disturb or annoy the quiet, comfort or repose of reasonable persons. The following acts, among others, are declared to be loud, disturbing and unnecessary noise in violation of this section, but such enumeration shall not be deemed to be exclusive: 1

(1) The playing of any television set, radio, tape player, phonograph or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort, or repose of reasonable persons. (2) The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the quiet, comfort or repose of the neighborhood to such an extent as to constitute a nuisance. (3) The creation of any excessive noise on any street adjacent to any school, institution of learning or court, while the same is in session, or adjacent to any building used as a place of public worship, while being so used, or adjacent to any hospital, which unreasonably interferes with the workings of such school, institution or court or the services being conducted in such place of public worship or which disturbs or unduly annoys patients in such hospital. (b) Any person who violates the provisions of the section shall, on conviction, be found guilty of a misdemeanor, and punished by a fine of not more than two hundred fifty dollars ($250.00). BE IT FURTHER ORDAINED by the Gloucester County Board of Supervisors this 1st day of February, 2011, that Chapter 11 entitled Noise Control of the Gloucester County Code is hereby enacted as follows: CHAPTER 11 NOISE CONTROL Sec. 11-1. Declaration of findings and policy. Sec. 11-2. Definitions. Sec. 11-3. Specific prohibitions. Sec. 11-4. Exceptions. Sec. 11-5. Violations of chapter. Sec. 11-6. Severability. Sec. 11-1. Declaration of findings and policy. The Board of Supervisors hereby finds and declares that excessive noise is a hazard to the public health, welfare, peace and safety and the quality of life. It is, therefore, the policy of the county and the purpose of this chapter to prevent such excessive noise. Sec. 11-2. Definitions. As used in this chapter, the following words and phrases shall have the following meanings: Dwelling unit. One or more rooms arranged, designed or intended to be occupied as separate living quarters by one or more persons and including permanent provisions for living, sleeping, eating, cooking and sanitation. 2

Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Excessive Noise. Any sound which disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Motor vehicle. Every vehicle defined as a motor vehicle by 46.2-100 of the Code of Virginia (1950), and all amendments thereto. Person. Any individual, firm, owner, sole proprietorship, partnership, limited liability company, corporation, unincorporated association, governmental body, municipal corporation, executor, administrator, trustee, guardian, agent, occupant or other legal entity. Plainly Audible. Any sound, other than unamplified human conversation taking place between 7:00 a.m. and 10:00 p.m., that can be detected by a person using his or her unaided hearing faculties. Public property. Any real property owned or controlled by the county or any other governmental entity. Public right-of-way. Any public street, avenue, boulevard, highway, sidewalk or alley. Real property line. An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. Residential property. Any property zoned to allow for residential use by right, and actually used for residential purpose. Sound. An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency. Sec. 11-3. Specific prohibitions. The following acts, or the causing or permitting thereof, are declared to be excessive noise and are a violation of this chapter: (1) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, compact disc player, or other sound reproduction device, or any drum, 3

musical instrument, or similar device between the hours of 10:00 p.m. and 7:00 a.m.: a. in such a manner as to permit sound to be plainly audible across a residential real property line or through partitions common to two (2) dwelling units within a building; or b. when the sound is plainly audible at a distance of fifty (50) feet or more from its source, unless the sound is self-contained on or in (i.e., is not plainly audible outside of) the owner s real property from which it emanates, provided the owner consents to the sound. (2) Loudspeakers, public address systems and sound trucks. 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 7:00 a.m. in such a manner as to permit sound to be plainly audible across a residential real property line, or through partitions common to two (2) dwelling units within a building. (3) Horns, whistles, etc. Sounding or permitting the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property between the hours of 10:00 p.m. and 7:00 a.m., except as a warning of danger. (4) Portable personal sound reproduction equipment. Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on public property or a public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m., sound from such equipment shall not be plainly audible to any person other than the operator. (5) Vehicles. Operation of a motor vehicle or operation of a motorcycle within the county that creates mechanical or exhaust noise in excess of the manufacturer s specifications. (6) Yelling, shouting, etc. Yelling, shouting, and other vocal sounds in excess of a normal conversational level, whistling or singing, any of which occurs between the hours of 10:00 p.m. and 7:00 a.m. so as to create a plainly audible sound across a residential real property line or on a public right-ofway or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which such sound emanates. (7) Animal noise. The owning, keeping, or possessing of any animal or animals 4

which frequently or habitually howl, bark, meow, squawk, bray, or otherwise make sounds, in such a manner as to permit sound to be heard across a residential real property line or through partitions common to two (2) dwelling units within a building, between the hours of 10:00 p.m. and 7:00 a.m., in residential zoning districts (SF-1, SC-1, C-2, HC-1, MF-1, MH-1, and PUD). (8) Construction. The erection, including excavation, demolition, alteration, or repair of any building or improvement between the hours of 10:00 p.m. and 7:00 a.m., except in the case of emergency under a permit granted by the county administrator. In considering the granting, conditioning, or denial of the permit, the county administrator shall be guided by the following standards: (i) nature of the emergency; (ii) proposed extended hours of operation; (iii) duration of period of requested extended hours; (iv) character of the area surrounding the construction site; and (v) number of residential units which would be impacted by the extended hours of construction. (9) Pneumatic hammer, chain saw, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any chain saw, pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other equipment. (10) Refuse collection vehicle operation. The operation of a refuse collection vehicle within one hundred (100) feet of a residence between the hours of 10:00 p.m. and 7:00 a.m. Sec. 11-4. Exceptions. Section 11-3 shall have no application to any sound generated by any of the following: (1) Activities expressly approved by the county. This exception, and the other exceptions contained in this section, shall not apply merely due to county approval or issuance of any land-use permit, zoning permit, building permit, special exception, conditional use, business license, or other permit, license, or permission unless said county approval or issuance so indicates. (2) Public speaking and public assembly activities conducted on any public right-of-way or public property, provided such activities are approved by the county. (3) Bona fide religious services, religious events, or religious activities or expressions, including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression. (4) Military activities of the Commonwealth of Virginia or of the United States of America. 5

(5) Activities on or in municipal, county, state, United States, or school athletic facilities, or on or in publicly owned property and facilities, which activities are approved by the appropriate governmental entities or agencies. (6) Radios, sirens, horns, and bells on law enforcement, fire, or emergency response vehicles. (7) Fire alarms and burglar alarms, prior to the giving of 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. (8) Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person, including sound generated by the normal operation of any air conditioning, refrigeration or heating equipment in good repair. However, as to any air conditioning, refrigeration or heating equipment found to exceed the maximum permissible sound pressure levels prescribed in section 11-4 above, such equipment shall not fall within this exception unless within ten (10) days following receipt of a written notice of violation, a written certificate is provided to the county, issued by a repair agent duly certified by the manufacturer of such equipment, certifying that based upon personal inspection of the equipment subsequent to the date of the notice of violation, the equipment was found to be correctly installed and operating properly. (9) Activities associated with the operation of agricultural and farm equipment, in good operational order. (10) Activities associated with the operation of marine equipment, in good operational order, used by commercial watermen. (11) Household tools and lawnmowers and other lawn care equipment with manufacturer's recommended mufflers installed, between 7:00 a.m. and 9:00 p.m. (12) The striking of clocks. (13) Lawful discharge of firearms. Sec. 11-5. Violations of chapter. Any person who violates section 11-3 shall be deemed guilty of a Class 3 for the first offense. Any subsequent offense shall be punishable as a Class 2 misdemeanor. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 6

Sec. 11-6. Severability. Should any section, subsection, sentence, clause or phrase of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the chapter in its entirety or of any part thereof other than that portion declared to be invalid. A copy teste: Brenda Garton, County Administrator 7