[Amended in its entirety 9-22-2015 by Ord. No. 15-20]
This article is the "Noise Control Ordinance of the City of
Fredericksburg." It is applicable to noise originating within the
City and from City-owned lands located outside the City limits.
As used in this article, the following terms shall have the
meanings indicated:
The area bounded by the Rappahannock River, Amelia Street,
Prince Edward Street, and Lafayette Boulevard.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
As defined in Code of Virginia § 46.2-100.
Any sound that can be heard clearly by a person using his
or her unaided hearing faculties, including understandable speech,
comprehensible musical rhythms, melody, or instrumentation, and detectable
rhythmic bass tones.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned, leased, or otherwise
legally controlled by one person from that owned, leased, or otherwise
legally controlled by another, including intra-building real property
divisions.
A.
This article shall be enforced by any law enforcement officer, as
that term is defined in Code of Virginia § 9.1-101, with
jurisdiction within the City limits.
B.
If conduct which would otherwise constitute a violation of this article
consists of speech or the communication of persons gathered to hear
or observe speech or communication or to picket or otherwise express
in a nonviolent manner a position on social, economic, political or
religious issues, then the violator must be ordered to, and have the
opportunity to, move, disperse, or otherwise remedy the violation
prior to arrest or issuance of a citation under this article.
A.
Any person who violates any provision of this article shall be guilty
of a Class 3 misdemeanor.
B.
The person operating or controlling a noise source shall be guilty
of any violation caused by that source. If such person cannot be determined,
then any owner, manager, tenant, or resident physically present on
the property where the violation occurs shall be presumed guilty of
the violation.
The following are per se violations of this article:
A.
Noise generated by a person or group of people that is plainly audible
at 100 or more feet from the boundary of the property on which the
source of the sound is located.
(1)
In the downtown business district, this prohibition applies as follows:
[Amended 5-11-2021 by Ord. No. 21-14]
|
7:00 a.m. through 12:00 midnight
|
200 feet from the boundary of the property on which the source
of the sound is located
| |
|
12:00 midnight through 7:00 a.m.
|
100 feet from the boundary of the property on which the source
of the sound is located
| |
B.
Yelling, shouting, screaming, or shrieking on the public streets
or sidewalks that is plainly audible at 100 feet between 11:00 p.m.
and 7:00 a.m.
C.
Musical instruments and electronic audio devices that are plainly
audible:
(1)
One hundred or more feet from the boundary of the property on which
the sound source is located.
(a)
In the downtown business district, this prohibition applies
as follows::
[Amended 5-11-2021 by Ord. No. 21-14]
|
7:00 a.m. through 12:00 midnight
|
200 feet from the boundary of the property on which the source
of the sound is located
| |
|
12:00 midnight through 7:00 a.m.
|
100 feet from the boundary of the property on which the source
of the sound is located
| |
(2)
One hundred or more feet from the source of the sound when the source
is located on a public street or sidewalk in the downtown business
district.
D.
Motor vehicles.
(1)
Unnecessarily accelerating or decelerating quickly, revving the engine,
or screeching tires.
(2)
Discharging exhaust except through an exhaust system in good working
order and in constant operation to prevent excessive or unusual levels
of noise. An exhaust system does not prevent excessive or unusual
noise if it permits noise in excess of that permitted by the standard
factory equipment exhaust system of private passenger motor vehicles
of standard make.
(3)
Playing any audio device located within or on a motor vehicle, if
the audio device is plainly audible at 100 or more feet from the vehicle.
This prohibition does not apply to security alarms.
(4)
Sounding a motor vehicle horn or similar signaling device for more
than 10 consecutive seconds, except as a safety measure.
E.
Any amplified sound, intended primarily for a nonemergency purpose,
from a bell, chime, whistle, siren, or similar device, for more than
10 consecutive seconds. This prohibition does not include reasonable
sounding of those devices by houses of religious worship, ice cream
trucks, or seasonal contribution solicitors.
F.
Barking, howling, meowing, squawking, or other vocalizations of an
animal that are plainly audible across a property boundary for 15
minutes between 7:00 a.m. and 11:00 p.m. or 10 minutes between 11:00
p.m. and 7:00 a.m.
G.
Construction, demolition, alteration, or repair of any building,
excavation of any street, or unloading of construction materials that
is plainly audible across a property boundary, except this noise is
permitted from 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00
a.m. to 9:00 p.m. on Saturdays, Sundays, and holidays.
H.
Refuse and recycling collection activities between 10:00 p.m. and
6:00 a.m.
The following noise is exempt from the provisions of this article:
A.
Sounds made in an emergency and sounds made in the performance of
emergency or other public safety work (including sirens, loudspeakers,
and communications radios in public safety vehicles);
B.
Sounds made in the course of repairing utility structures, bridges,
streets, or highways that pose a clear and imminent danger to life,
health, or property;
C.
Sounds emanating from reasonable recreational, cultural, or leisure
activities conducted on public playgrounds and stadiums, and on public
or private school grounds, including school athletic and entertainment
events;
E.
Sounds from the operation of locomotives, aircraft, and related equipment
under normal operating conditions.
The City Manager may issue permits to persons allowing the production
of noise that might otherwise be prohibited under this article. Those
permits shall be limited to a specific event, time period, or activity.
The permits shall be issued in accordance with regulations promulgated
by the City Manager and published in the City administrative manual.
