NOISE CONTROL

Sec.16-1. Enumeration of prohibited noises.

The creation and continuation of any loud and disturbing noises in the town is hereby prohibited. It shall be unlawful for any person to cause, make or contribute to creating any loud or disturbing noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or such noises as disturb the quiet and peace of any citizen of the town. The following acts, among others, are declared to be loud and disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1)  Blowing horns. The sounding or blowing of any horn or signal device on any automobile, motorcycle, motor bus or other vehicle, except as a danger signal, the creation by means of any signal device of any loud or harsh noise, and the sounding of such device for any unreasonable period of time.

(2)   Radios, phonographs, musical instruments. The playing of any radio, phonograph, piccolo or any musical instrument in such manner or with such volume as to disturb any person, or the playing of such instrument in such manner as to disturb the quiet, comfort or repose of any person in any dwelling, hotel or other residence.

(3)  Pets. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.

(4)  Use of vehicle. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or used or repaired in such manner as to create loud noises, particularly grating, grinding, rattling, riveting or other disturbing noises.

(5)  Blowing whistles. The blowing of any whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.

(6)  Exhaust discharge. To discharge into the open air the exhaust from any steam engine, stationary internal combustion engine, motorboat engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises there from.

(7)  Devices using compressed air. The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced.

(8)  Building operations. The erection, including excavation, 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., Monday through Friday, except in cases of urgent necessity in the interest of public safety, and then only with a permit from the proper town officials.

(9)  Noises near schools, hospitals, churches, and other institutions. The creation of any excessive noise on any street adjacent to any school, institution of learning, library, nursing home, rest home, hospital or court, while the same is in session, or adjacent to any church during church services, which interferes with the work or worship in any such place or institution, provided that signs must be displayed in such streets indicating that the same is a school, hospital, church, library, nursing home, rest home or court.

(10)  Loading and unloading operations. The creation of loud and excessive noises in connection with loading or unloading any vehicle, or repairing any vehicle, or opening and destroying bales, boxes, crates and containers.

(11)  Bells or gongs. The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of any person in the vicinity thereof.

(12)  Hawking, peddling or soliciting. Shouting, loud talking, crying or soliciting by peddlers, hawkers, taxi drivers, solicitors and vendors which disturbs the quiet and peace of the neighborhood or any person therein.

(13)  Noise to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance or event, show, sale or the display or advertisement of merchandise, by the creation of noise.

(14)  Loudspeakers or amplifiers on vehicles. The use of any mechanical loudspeaker or amplifiers on trucks, airplanes or other vehicles for advertising or other purposes, except by special permission of the council.

(15)  Business noises at night near residences. The operation of any garage, filling station, auto repair business, taxi business, plant, store, factory or other place of business, between the hours of 8:00 p.m. and 7:00 a.m., in such manner as to create loud and disturbing noises of such frequency or such volume as to annoy or disturb the quiet and comfort of any citizen, and particularly the creating of disturbing noises of such frequency and volume as to annoy or disturb the quiet, comfort, peace or repose of any person in any dwelling, hotel, boardinghouse or other type of residence.

(16)  Operation of radios or other sound making devices or instruments in vehicles. It will be unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player or other mechanical sound making device or instrument from within a motor vehicle so that the sound is:

a. Plainly audible at a distance of 20 feet or more from the motor vehicle; or

b. Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools or hospitals.

Sec. 16-2. Violations of chapter.

(a) Any person who violates any provision of this chapter shall be deemed to be guilty of a Class 4 misdemeanor.

(b) The person operating or controlling a noise source shall be guilty of any violation caused by that source. If that cannot be determined, any owner, tenant or resident physically present on the property where the violation is occurring is rebuttably presumed to be guilty of the violation. (Ord. No. 69, 11-13-2002)

Sec. 16-3. Exemptions.

The following uses and activities shall be exempt from noise level regulations:

(1) Noises of safety signals, warning devices and emergency pressure relief valves;

(2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;

(3) Noises resulting from church bells, chimes and carillons;

(4) Noises resulting from special events sanctioned by the town council.

Town Attorney, Don Blessing said he and Mr. Spates will be meeting at 2:30 pm on Monday, August 20th with staff from the Attorney General’s office and Longwood University personnel to discuss issues facing the Town and University. Mr. Ken Woodley, Editor for the Farmville Herald left the meeting. Council discussed this matter.

Council member Horton departed the meeting.

COMMONWEALTH REGIONAL COUNCIL – LOBBYIST POSITION

On motion by Dr. Gordon, seconded by Mr. Hunter and with a recorded vote with Council members Hunter, Overton, Reid and Gordon voting “aye”, Council approved the Commonwealth Regional’s request for $8,500.00 to help towards funding a lobbyist position and agreed this matter should be revisited next year.

Dr. Gordon said by approving the funding the town is supporting community relations and the Town’s integrity. Mayor Newman said he had received a call from Delegate Watkins Abbitt asking for the Town’s support on the position. Prior to seconding the motion, Mr. Hunter asked if the Town could come up with the money since it was not in the budget. Mr. Spates said they could.

Mr. Spates said Mr. Woodley had left the meeting thinking that Council was not going to be taking any action on matters. It was suggested that Mr. Woodley be notified of the action taken regarding the CRC.

APPOINTMENT TO THE TOWN/UNIVERSITY COMMITTEE

Mayor Newman appointed Mr. Reid to the Town/University Committee and Dr. Gordon as the alternate. Mr. Reid will be replacing Mrs. Nase.

SANDY RIVER UPDATE

Mr. Spates reported that he met with Prince Edward’s County Administrator and Assistant County Administrator. He said the County is considering making the following offer: The County will pay for the intake and a pump station at Sandy River which will cost approximately 5 million dollars in exchange they are asking the Town to charge in-town water and sewer rates to out of town customers. Members discussed possible counter offers.

There being no other business the meeting was declared adjourned at 4:00 pm

________________________                ___________________________

Mayor S.C. Newman, Jr.                          Lisa M. Hricko, Clerk