Chapter 17
NOISE*
*Charter reference - Authority of council to prevent unnecessary noise, § 11(13).
Cross reference - Use of noise-making devices on vehicles used for vending on streets, § 16-166.
Art. I. In General, §§ 17-1--17-28
Art. II. Sound Trucks, §§ 17-29--17-36
ARTICLE I. IN GENERAL
Sec. 17-1. Title and application of chapter generally.
This chapter may be cited as the "Noise Control Ordinance of the City of Staunton." It shall be applicable to the control of noises originating within the city limits.
Sec. 17-2. Definitions.
The following terms, when used in this chapter, shall have the meanings hereinafter ascribed to them, unless otherwise clearly indicated by the context:
A-WEIGHTED SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
DECIBEL (dB): A unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY WORK: 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): 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: 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: 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: 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, except devices moved by human power or used exclusively upon stationary wheels or tracks.
NOISE: Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
PROPERTY BOUNDARY: 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 ZONE: Any location within any area zoned residential pursuant to the city's zoning ordinance.*
*Cross reference - Zoning ordinance, Ch. 31.
SOUND: 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: 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: An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.
Sec. 17-3. 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 and 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 to prevent such excessive sound.
Sec. 17-4. Administration and enforcement of chapter generally.
The noise control program established by this chapter shall be enforced and administered by the police department with the assistance of other city departments as required.
Sec. 17-5. Testing of metering devices used to enforce chapter.
In order to implement and enforce this chapter effectively, the chief of police shall develop and promulgate standards and procedures for testing and validating sound level meters used in the enforcement of this chapter.
Sec. 17-6. Exemptions from chapter.
a. The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work. This section shall not be construed so as to relieve any person from the responsibility of obtaining the permit required by section 17-17.
b. The provisions of this chapter shall not apply to those persons, firms or corporations performing city approved musical performances or other city approved events such as, but not limited to, the Stonewall Brigade Band concerts, parades pursuant to license, musicals held in Gypsy Hill Park, and other similar events open to the public at large. (Ord. of 4/13/95)
Sec. 17-7. Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
Sec. 17-8. Loud, disturbing and unnecessary noise generally.
Subject to the provisions of this chapter, the creation of any unreasonably loud, disturbing and unnecessary noise in the city is prohibited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. (Code 1964, § 16-26)
Sec. 17-9. Quiet zones.
(a) The city manager shall have the authority to designate and suitably mark as quiet zones such territory in the neighborhood of churches, schools, hospitals or other places as he may deem proper.
(b) No person shall make any loud and unnecessary noise of any character in any quiet zone designated and marked pursuant to this section. (Code 1964, §§ 15-10, 15-19)
Sec. 17-10. Maximum sound levels between 10:00 p.m. and 6:00 a.m. in residential zones.
No person shall operate or cause any source of sound in such a manner as to create a sound level in a residential zone, between the hours of 10:00 p.m. and 6:00 a.m., in excess of 65 dBA, when measured at the property boundary of the receiving land.
Sec. 17-11. Operation of television sets, radios or phonographs.
No person shall operate, play, or permit the operation of playing of any radio, television, record, tape, or compact disc player, drum, musical instrument, or similar device in such a manner as to permit sound to be heard across a residence, real property boundary, or through partitions common to two dwelling units within a building in which it is located or, when the sound source is located within a motor vehicle, and the sound is plainly audible at a distance of 50 feet from its source. (Code 1964, § 16-26; Ord. of 3/9/95)
Sec. 17-12. Maximum level of sound emitted by motor vehicles.
(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 level of sound 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:
| Vehicle Class | Sound level in dBA | |
|---|---|---|
(b) This section shall not apply to any motor carrier vehicle engaged in interstate commerce or to any sound truck operated pursuant to, and in compliance with the provisions of article II of this chapter.
Sec. 17-13. Permit for use of loudspeakers on vehicles or in mercantile establishments.
(a) No person shall use any mechanical loudspeaker or amplifier on any motor vehicle or other moving vehicle or in any mercantile establishment, for advertising or other purposes, without first obtaining a written permit therefor from the chief of police.
(b) Whenever the chief of police shall be of the opinion that the use of mechanical loudspeakers or amplifiers on motor vehicles or other moving vehicles or in mercantile establishments, for advertising or other purposes, will not unreasonably interfere with the public use of the streets or other places in the city and will not tend to disturb or imperil the public safety or the public peace or otherwise be inimical to the public welfare, he shall grant a permit therefor. (Code 1964, § 16-27)
Sec. 17-14. Sounding of vehicle warning device.
No person shall sound the horn or other audible signal device on any motor vehicle, motorcycle or other vehicle while such vehicle is not in motion, except as a danger signal if another vehicle is approaching apparently out of control. If such vehicle is in motion, such device shall be sounded only as a danger signal to pedestrians or vehicles, after or as brakes are being applied and deceleration of the vehicle is intended. The creation, by means of any such device, of any unreasonably loud or harsh sound and the sounding of such device for an unnecessary and unreasonable period of time is prohibited. (Code 1964, § 16-26)
Sec. 17-15. Noise from loading and unloading operations or opening or destruction of bales, boxes, etc.
The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, is prohibited. (Code 1964, § 16-26)
Sec. 17-16. Noise from horns, drums, shouting, etc.
(a) No person shall make, or have a part in the making of, loud and unnecessary noises by means of horns, trumpets, drums, bells or whistles, or by shouting or loud talking. This subsection shall not be construed as prohibiting shouting, singing or loud talking by spectators at and during athletic contests.
(b) No two (2) or more persons or a band or an orchestra shall play musical instruments in or on the streets, sidewalks, alleys or other public places in the city, unless such persons shall have first obtained a permit so to do from the chief of police.
(c) The mayor, pursuant to express authorization of the city council, may, by proclamation, suspend the operation of this section at such times, to such extent and as to such places as shall be determined by the council.
Sec. 17-17. Building operations at night.
No person shall engage in the erection (including excavating), demolition, alteration or repair of any building, in a residential or business district, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in cases of urgent necessity in the interest of public safety and then only with a permit from the chief of police, which permit may be renewed for a period of three (3) days or less while the emergency continues. (Code 1964, § 16-26)
Cross reference - Building regulations, Ch. 9.
Sec. 17-18. Noisy animals and birds.
No person shall have or keep any animal or bird which, by making or causing frequent or long continued and unreasonable noise, shall disturb the comfort and repose of any person in the vicinity.
Cross reference - Barking or howling dogs, § 6-58.
Secs. 17-19-17-28. Reserved.
ARTICLE II. SOUND TRUCKS*
*Cross reference - Motor vehicles and traffic, Ch. 16.
Sec. 17-29. Definitions.
For the purposes of this article, the following terms shall have the meanings ascribed to them in this section:
SOUND-AMPLIFYING EQUIPMENT: The term "sound-amplifying equipment" shall mean any machine or device for the amplification of the human voice, music or any other sound. Such term shall not be construed to include standard automobile radios, when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic-safety purposes.
SOUND TRUCK: The term "sound truck" shall mean any motor vehicle or horse-drawn vehicle having mounted thereon, or attached thereto, any sound-amplifying equipment the use of which is authorized by a permit issued pursuant to section 17-13 of this chapter.
Sec. 17-30. Operation near hospitals, schools, etc.
Sound shall not be emitted from the sound-amplifying equipment of a sound truck within one hundred (100) yards of any hospital, school, church or courthouse.
Sec. 17-31. Hours of operation; operation on Sunday or legal holidays prohibited.
The operation of the sound-amplifying equipment on a sound truck shall be limited to four (4) hours each day, except on Sundays and legal holidays, when no such operation shall be authorized. The permitted four (4) hours of operation shall be between 11:30 a.m. and 1:30 p.m., and between 4:30 p.m. and 6:30 p.m.
Sec. 17-32. Permitted sounds.
The only sounds permitted to be broadcast from a sound truck are music or human speech.
Sec. 17-33. Profane, indecent, etc., speech or music prohibited.
The human speech and music amplified in the operation of a sound truck shall not be profane, lewd, indecent or slanderous.
Sec. 17-34. Control of volume of sound.
The volume of sound emitted from a sound truck shall be controlled so that it will not be audible for a distance in excess of fifty (50) feet from the sound truck and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
Sec. 17-35. Inspection of sound-amplifying equipment.
Sound-amplifying equipment in operation on a sound truck shall be subject to inspection by a member of the police department at reasonable times.
Sec. 17-36. Minimum speed of vehicle; time limit on operation of sound-amplifying equipment when vehicle stopped.
Sound-amplifying equipment on a sound truck shall not be operated, unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten (10) miles per hour, except when such sound truck is stopped or impeded by traffic. Where stopped by traffic, the sound-amplifying equipment shall not be operated for longer than one minute at each such stop.