City Attorney

Noise Ordinance

June 8, 2009 Version
(Minor Amendments to May 15, 2009 Version)

AN ORDINANCE AMENDING CHAPTER 26 OF THE CHESAPEAKE CITY CODE, ENTITLED “ENVIRONMENT,” ARTICLE V THEREOF, TO REPEAL EXISTING PROVISIONS THEREOF, AND TO REPLACE SAME WITH SECTIONS 26-121 THOUGH 26-143 PERTAINING TO THE REGULATION OF NOISE IN THE CITY OF CHESAPEAKE.

BE IT ORDAINED by the Council of the City of Chesapeake, Virginia, that Article V of Chapter 26 of the Chesapeake City Code be repealed in its entirety and be reordained as follows:

ARTICLE V. NOISE

DIVISION 1. POLICY AND DEFINITIONS.

Sec. 26-121. Declaration of Policy.

It is declared to be the public policy of the City, in cooperation with federal, state and local governments and regional agencies, to promote an environment for its citizens free from noise that jeopardizes their health or welfare or degrades quality of life. Nothing contained in this article shall be construed to authorize or direct any action which shall result in any substantial increase in noise levels from any noise source in the City.

Sec. 26-122. Definitions.

The following words, when used in this article, shall have the following respective meanings, unless the context clearly indicates a different meaning:

• Administrator means the Zoning Administrator and the Chief of Police, and their respective designees, which shall have joint authority to administer and enforce this article.
• Motor vehicle means every vehicle defined as a motor vehicle by Section 46.2-100 of Code of Virginia (1950), as amended.
• Powered Equipment means any machine, tool, or device powered by electric, gasoline, diesel, propane, battery or by any other means, including without limitation, saws, drills, pneumatic hammers, lawn mowers, edgers and leaf blowers
• Public property or public place means any real property owned or controlled by the City or any other governmental entity.
• Plainly audible means capable of being perceived by a person of normal hearing ability, including persons dependent upon functioning hearing aid devices.
• Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley or any other area of passage owned or controlled by the City or any other governmental entity.
• Real property boundary means the property line along the ground surface, and its vertical extension, which separates the real property owned by one person or entity from that owned by another person or entity.
• Residential means single-family, two-family, townhouse, multi-family, residential planned unit development, and residential dwellings in mixed-use district classifications.
• Sound means 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, and which propagates at finite speed. 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 which includes a microphone, amplifier, detector, integrator, output meter and weighting networks used to measure sound pressure levels.

DIVISION 2. PROHIBITED NOISES- GENERALLY AND PROHIBITED ACTS

Sec. 26-123. Prohibited noise- Generally.

It shall be unlawful for any person, including any officer, employee, department, agency or instrumentality of any political subdivision, to make or continue to make or to cause any noise prohibited by this article within the City limits, or to allow the creation of any such noise upon property such person owns, leases, occupies or otherwise controls, within the City limits.

Sec. 26-124. Noise- Prohibited acts.

1. The following acts are declared to be prohibited if conducted between the hours of 11:00 p.m. and 7:00 a.m. the following day and if generating sound plainly audible i)across property boundaries; ii) through walls or partitions common to two units within a building; or iii) at a distance of 50 feet or more from the source of the noise:
   1. Using or operating a loudspeaker or other amplification machine or device in a fixed or movable position exterior to any building, but not subject to regulation as a sound truck under Section 74-406 et seq. of this Code, for the purpose of commercial advertising; attracting attention to any performance or event; giving instructions, information, directions, talks, addresses, lectures; or providing entertainment to any persons or assemblage of persons.
   2. Using or operating any drum, musical instrument, television, phonograph, compact disc player, cassette tape player, MP3 player, video player or any other machine or device for producing or reproducing sound, including using and playing such machines and devices within a motor vehicle operated or parked on public or private property, streets, highways, roads and alleys.
   3. Construction, erection, demolition, alteration, repair, excavation or demolition work on or in any building, structure, street, road, highway or alley.
   4. Operation of any blower, power fan, steam engine or other powered equipment.
   5. Repairing, rebuilding, modifying, testing or revving the engine of any motor vehicle, motorcycle, all-terrain vehicle, mini-bike, moped, scooter bike or similar vehicle powered by a combustible engine.
   6. Operating any motor vehicle, motorcycle, all-terrain vehicle, mini-bike, moped, scooter bike or similar vehicle powered by a combustible engine without a functioning device to muffle the engine noise.
   7. Any yelling, shouting or singing.
2. The following acts are declared to be prohibited if conducted between the hours of 9:00 p.m. and 7:00 a.m. the following day:
   1. Operating a street sweeper or similar items of machinery or equipment designed to clean streets, driveways, curbs, gutters, drive aisles, loading areas and parking areas, if the noise generated from such activity is plainly audible in any residential district or residential area located within 100 yards of the source of the noise.
   2. Collecting trash or refuse from commercial bins if the noise generated from such activity is plainly audible in any residential district or residential area located within 100 yards of the source of the noise.
   3. Loading or unloading of trucks and trailers and the handling of containers, boxes, crates and similar items if the noise generated from such activity is plainly audible in any residential district or residential area located within 100 yards of the source of the noise.
3. Owning, keeping, possessing or harboring any animal which howls, barks, meows, squawks or makes such other noise for more than ten consecutive or non-consecutive minutes in any thirty minute period of time, between the hours of 9:00 p.m. and 7 a.m. the next day shall be a violation of this article if the noise generated by the animal is, throughout the ten minutes, plainly audible (i) across property boundaries, (ii) through partitions common to two dwelling units, or (iii) at a distance of 50 feet or more from the source of the noise.

Sec. 26-125. Citizen Enforcement.

Any citizen having sufficient evidence of violation of one or more of the prohibitions set out in Section 26-124 above may present such evidence and make affidavit to the Chesapeake Magistrate and request issuance of a summons or warrant based thereon. Corroboration of the alleged violation by the Police Department or the Administrator shall not be necessary in order for a citizen to pursue a summons or warrant against another person for such violation. In no event shall this section be construed as a limitation or restriction of any person's right to access the courts or to seek the abatement of violations of this article by any lawful means.

Sec. 26-126. Quiet zones.

1. It shall be unlawful for any person to create any noise in excess of that prescribed within any area designated as a quiet zone in conformance with the provisions of subsection (b) of this section, provided conspicuous signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone.
2. Whenever the protection of the public health, safety and welfare so require, the City Council, after a duly advertised public hearing, may designate any geographical area of the City as a quiet zone. Such designation shall include a description of the subject area, the reasons for its designation as a quiet zone, and shall prescribe the level of noise which shall be permitted in such quiet zone.

DIVISION 3. STANDARDS, MEASUREMENTS, AND PENALITIES

Sec. 26-127. Noise violations measured by sound level meter.

In addition to the per se violations of Section 26-124 above, certain other noises violate this article due to the source, timing, duration, character, location, frequency and volume of noise. A sound level meter shall be used to determine the decibel levels for the purpose of deciding when noises other than those described in Section 26-124 above constitute the Administrator shall use a sound level meter to measure the volume and frequency of the noise.

Sec. 26-126. Measurement procedure; maximum permitted levels.

1. During the course of an investigation of a noise complaint under this section, the Administrator shall employ the use of a type 1 or type 2 sound level meter that meets the specifications of the American National Standards Institute publications, Sections 1.4-1961 and 1.11-1966 thereof, as may be amended in subsequent publications. When using a sound level meter, the Administrator shall make a sound level measurement, utilizing the A weighting scale and the fast meter response. Decibels shall be measured and sound meters calibrated using the following reference value for dBAs and dBs: 2 x 10-5 N/m2. Unless otherwise specifically stated herein, a measurement exceeding the noise spectra limit set forth in the maximum dBA column or the maximum dB column of Table 1 below shall be deemed a violation of this article. The maximum dBs shall be measured in conjunction with the octave band limits set out in the middle column of Table 1.
2. Notwithstanding anything to the contrary in subsection (a) of this section, no person shall operate or cause to be operated any source of sound at any location within the City or allow the creation of any noise on property he or she owns, leases, occupies or otherwise controls, which causes the sound level, measured on any other property, to exceed the maximum dBA (column 1) or maximum dB (column 3) sound pressure levels set out in Table 1 below.
3. Should the Administrator determine the noise to be of an impulsive character (such as hammering, riveting or amplified bass music) or contain a steady, pure tone (such as a whine, screech or hum), the standard limits set forth in the Maximum dB (column 1) of Table 1 shall be reduced by five(5) dB.
4. Sound pressure levels shall be measured from the property at which a complaint is filed or from any property from which the noise can be heard, using the closest point of such property to the source of the noise. The Area Zoning Classification used to determine a violation of the maximum sound pressure levels set out in Table 1 shall refer to the zoning classification or use, or in the case of mixed use areas and planned unit developments, the land use designation of the property from which the complaint is made or the sound is heard.
5. The City Manager or designee shall develop and implement standard measurement procedures for use in operating a sound level meter, which procedures may be revised from time to time as necessary. The procedures shall not be binding or made a part of this ordinance.

TABLE 1. MAXIMUM SOUND PRESSURE LEVELS
TABLE INSET:

Area Zoning Classification, Use or Land Use Designation in Mixed Use and Planned Unit Developments	Maximum dBA or measurement of overall sound pressure level (Intensity)	Octave Band Limit Center Frequency (Hertz (Hz))	Maximum dB or measurement of maximum sound pressure level in each octave band
Residential	55	31.5	70
		63	69
		125	64
		250	59
		500	53
		1,000	47
		2,000	42
		4,000	38
		8,000	35
Commercial	60	31.5	75
		63	74
		125	69
		250	64
		500	58
		1,000	52
		2,000	47
		4,000	43
		8,000	40
Industrial	72	31.5	85
		63	84
		125	79
		250	74
		500	68
		1,000	62
		2,000	57
		4,000	53
		8,000	50
Agricultural	60	31.5	75
		63	74
		125	69
		250	64
		500	58
		1,000	52
		2,000	47
		4,000	43
		8,000	40

 

Sec. 26-129. Penalty.

The violation of this article shall be deemed a class 4 misdemeanor punishable by a fine of not more than $250.00 per violation. Each occasion of violation shall constitute a separate offense.

Nothing herein shall preclude the Administrator from pursing other available remedies, such as injunctive relief, to correct a continuing or frequent violation of this article. Nothing herein shall preclude animal officers from exercising any and all remedies under Chapter 10 of the City Code relating to animal noises constituting a public nuisance.

Secs. 26-130 -- 26-140. Reserved.

DIVISION 4. EXEMPTIONS AND SPECIAL PERMITS

Sec. 26-141. Exemptions.

The following activities shall be exempt from this Article V:

1. Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person, as determined by the Administrator.
2. Noises generated from safety signals and warning devices, radios, sirens, horns and bells on police, fire or other emergency response vehicles and emergency pressure valves.
3. Noises resulting from any public emergency vehicle at any time or resulting from other authorized emergency vehicles when responding to an emergency call or acting in time of emergency.
4. Authorized parades, fireworks and other special events or activities for which all required permits have been issued by the City, provided that the permit designates the hours of the event or activity as a condition of issuance.
5. Activities on or in municipal and school athletic facilities and on or in public property and facilities, provided that such activity has been authorized by the owner of such public property or facilities or its agent.
6. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.
7. Locomotives and other railroad equipment.
8. All military aircraft and civil transport aircraft under the jurisdiction the Federal Aviation Administration.
9. The striking of clocks, including the chiming or ringing of church bells by recording or synthesizer.
10. Noises resulting from emergency work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent danger.
11. Any noise resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the City in accordance with section 26-142 of this article.
12. Noises created by the operation of any and all equipment and machinery as an integral part of the planting, tending or harvesting activities of a bona fide agricultural business operation, such as tractors and threshing machines.
13. Noises generated by farm animals kept as part of a bona fide agricultural operation.
14. Noises created by the operation of any power generation facility, provided that such power generation facility is located within an industrial district, that the operation of such facility is conducted less than 2,000 cumulative hours per calendar year and that the noise created by the operation of such facility at no time exceeds the maximum DBA levels set forth in Table 1 of this article.
15. Noises created by the operation of household generators during power outages or under other emergency or necessary circumstances.
16. Noises generated by emergency or special City trash collection, including public waste removal services rendered by the City's agent or delegate.

Sec. 26-142. Undue hardship; special permits; review of grievances.

1. Any person responsible for any noise source may apply to the City Manager for relief in the form of a special permit from any of the provisions of this article. The City Manager or designee may grant such relief upon finding that:
   1. The noise does not endanger the public health, safety or welfare; and
   2. Compliance with this article from which relief is sought would produce serious hardship without producing equal or greater benefit to the public; or
   3. Additional time is necessary for the applicant to alter or modify his or her activity or operation to comply with this article and the applicant is making every good effort to comply with this article.
2. In determining whether to grant such relief, the City Manager or designee shall consider the following:
   1. Conformance with the standards of this article;
   2. Time of day when noise will occur;
   3. Duration of the noise;
   4. Volume of the noise relative to the limits of this article;
   5. Character of the noise, is e.g., whether intermittent or continuous;
   6. Extensiveness of the noise;
   7. The technical and economic feasibility of bringing the noise into conformance with this article; and
   8. Such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of this article.
3. At the time of granting any relief sought, the City Manager or designee shall prescribe such conditions, requirements or penalties as are deemed necessary to minimize any adverse effects upon the community or surrounding neighborhood.
4. A special permit granted pursuant to this section shall be effective until the date of termination as indicated by the permit or until revoked by the City Manager or designee as a result of violation of the conditions and requirements imposed thereunder.
5. An application filed under this section shall be on forms designated by the City Manager or designee and shall include an administrative fee of $45.00. Such fee may be waived or reduced by the City Manager or designee in the event of an emergency relating to public health or safety.
6. Any person aggrieved by a decision of the City Manager or designee made pursuant to Section 26-142 of this Code may obtain review of such decision by the City Council by delivering a written statement of grievance to the City Clerk within thirty (30) days from the date of the City Manager's decision. The City Council shall review all statements of grievances and shall, within sixty (60) days from the date the statement is filed with the City Clerk, affirm, set aside, or modify the City Manager's decision. The City Council shall have the authority to make such further order as deemed necessary to effectuate the provisions of this section.

Section 26-143. Severability.

A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, section or part of this article shall not affect the validity of the remaining parts thereto.

Secs. 26-144--26-165. Reserved.

This ordinance shall become effective sixty days after the date of adoption.