100907 City Noise OrdinanceCouncil Presentation
Council Presentation
Proposed Revision to City Noise
Proposed Revision to City Noise
Ordinance
Ordinance
October 9, 2007
October 9, 2007
Existing Ordinance
Existing Ordinance
Section 23-47
Section 23-47
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Objective or “reasonable man”standard
Objective or “reasonable man”standard
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Utilized extensively throughout Virginia, in
Utilized extensively throughout Virginia, in
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mostly smaller and more rural jurisdictions
mostly smaller and more rural jurisdictions
Has been sustained against numerous
Has been sustained against numerous
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court challenges but challenges continue
court challenges but challenges continue
Difficult to enforce because there are no
Difficult to enforce because there are no
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specific factors defining violation
specific factors defining violation
Proposed Revisions
Proposed Revisions
Proposed ordinance based on a model
Proposed ordinance based on a model
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ordinance prepared by the International
ordinance prepared by the International
Municipal Lawyers Association (“IMLA”)
Municipal Lawyers Association (“IMLA”)
with certain changes made to address
with certain changes made to address
unique characteristics of Virginia Beach
unique characteristics of Virginia Beach
Purpose of Changes
Purpose of Changes
Changes intended to retain “reasonable
Changes intended to retain “reasonable
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man”standard while providing additional
man”standard while providing additional
information to citizens, law enforcement
information to citizens, law enforcement
and the courts to aid in compliance,
and the courts to aid in compliance,
enforcement and conviction decisions
enforcement and conviction decisions
Decibel Meters
Decibel Meters
Proposed ordinance does notinclude decibel limits as a
Proposed ordinance does notinclude decibel limits as a
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standard for determining violations
standard for determining violations
Most citizens do not have decibel meters and would not
Most citizens do not have decibel meters and would not
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know when their conduct violated the ordinance
know when their conduct violated the ordinance
Police department does not favor use of decibel meters
Police department does not favor use of decibel meters
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Decibel meters cannot readily differentiate between
Decibel meters cannot readily differentiate between
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sound sources, leading to enforcement difficulty
sound sources, leading to enforcement difficulty
Costs: purchase of decibel meters, ongoing calibration
Costs: purchase of decibel meters, ongoing calibration
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for use in court, ongoing training and certification of
for use in court, ongoing training and certification of
officers
officers
Decibel limit ordinances also have been susceptible to
Decibel limit ordinances also have been susceptible to
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attack in the courts
attack in the courts
Proposed Noise Control Standards
Proposed Noise Control Standards
Two separate provisions:
Two separate provisions:
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General Prohibition utilizing reasonable man
General Prohibition utilizing reasonable man
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standard (23-67)
standard (23-67)
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Specific Prohibitions (23-68)
Specific Prohibitions (23-68)
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Proposed Section 23-67
Proposed Section 23-67
(General Prohibition)
(General Prohibition)
(a)No person shall intentionally make, continue, or cause or allow
(a)No person shall intentionally make, continue, or cause or allow
to be made or continued any unreasonably loud or raucous noise or
to be made or continued any unreasonably loud or raucous noise or
any noise that unreasonably disturbs, injures or endangers the
any noise that unreasonably disturbs, injures or endangers the
comfort, repose, health, peace or safety of reasonable persons of
comfort, repose, health, peace or safety of reasonable persons of
ordinary sensitivity.
ordinary sensitivity.
(b) Factors for determining whether a person has violated
(b) Factors for determining whether a person has violated
subsection (a) include without limitation:
subsection (a) include without limitation:
(1) The proximity of the noise to sleeping facilities, whether
(1) The proximity of the noise to sleeping facilities, whether
residential or commercial;
residential or commercial;
(2) The predominate land use of the area from which the noise
(2) The predominate land use of the area from which the noise
emanates and of the area where it is audible;
emanates and of the area where it is audible;
(3) The time of day or night during which the noise occurs;
(3) The time of day or night during which the noise occurs;
(4) The duration of the noise; and
(4) The duration of the noise; and
(5) Whether the noise is recurrent, intermittent or constant.
(5) Whether the noise is recurrent, intermittent or constant.
Changes from Existing Ordinance
Changes from Existing Ordinance
Discontinues use of term “unnecessary noise,”
Discontinues use of term “unnecessary noise,”
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which is difficult to objectively define and has
which is difficult to objectively define and has
been successfully challenged in other courts
been successfully challenged in other courts
Includes new subsection (b), which identifies
Includes new subsection (b), which identifies
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specific factors for law enforcement and the
specific factors for law enforcement and the
courts to consider when evaluating potentially
courts to consider when evaluating potentially
unreasonable noise
unreasonable noise
Factors: proximity to sleeping areas, predominate
Factors: proximity to sleeping areas, predominate
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land use where noise created and audible, time of
land use where noise created and audible, time of
day, duration and character of noise
day, duration and character of noise
Proposed 23-68 Specific Prohibitions
Proposed 23-68 Specific Prohibitions
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Sound Source Limitation Time Specific
Exceptions
Vehicle Horns 10 consecutive seconds All Emergency
Non-emergency signaling 10 consecutive seconds/hour All Religious uses,
devices testing of
publicly
operated devices
Emergency Signaling 10 minutes -- residential All Emergency
Devices 15 minutes -- all other areas
Boom boxes, car stereos, Unreasonably disturbs non-voluntary All City permitted
other sound amplifying listeners or audible 50 or more feet from events
devices source
Bars, nightclubs, Unreasonably disturbs neighbors or 11 p.m. None
restaurants, other passers by, or plainly audible 50 or - 7 a.m.
commercial more feet from business premises
establishments
Noise Sensitive Areas Noise generated within 200 feet of All None
school, place of worship, court or
hospital and that interferes with
workings of such institution
Loud Speakers, Public Unreasonably disturbs peace and 11 p.m. City permitted
Address Systems comfort of neighbors or passers by, or - 7 a.m. events
audible 50 or more feet from source
Construction Equipment Use of defined equipment prohibited 9 p.m. Emergency
during stated times in residential areas - 7 a.m.
How Citations Would Be Written
How Citations Would Be Written
Citations could be written under either
Citations could be written under either
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23-67 or 23-68, but we would expect
23-67 or 23-68, but we would expect
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that the general prohibition of 23-67
that the general prohibition of 23-67
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would be used primarily in clear cases of
would be used primarily in clear cases of
loud and raucous noise resulting in citizen
loud and raucous noise resulting in citizen
complaints for which no specific category
complaints for which no specific category
of 23-68 applied
of 23-68 applied
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Penalty
Penalty
A first offense under this ordinance would be
A first offense under this ordinance would be
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class 3 misdemeanor punishable by a fine of up
class 3 misdemeanor punishable by a fine of up
to $500
to $500
A second or subsequent offense within one year
A second or subsequent offense within one year
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would be a class 2 misdemeanor punishable by a
would be a class 2 misdemeanor punishable by a
fine of up to $1,000 and/or a jail term of up to
fine of up to $1,000 and/or a jail term of up to
six months
six months
In addition, the City may seek an injunction
In addition, the City may seek an injunction
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against continuing violations of the ordinance
against continuing violations of the ordinance