§ 28-36. Loud noises prohibited.
(a)
Declaration of policy. The city council hereby finds and declares that certain noise is a hazard to public health, welfare, peace and safety and the quality of life of the citizens of Newport News; that the people have a right to and should be ensured of an environment free from noise that jeopardizes public health, welfare, peace and safety or degrades the quality of life; and that it is the public policy of the city council to prevent such noise to the extent such action is not inconsistent with state or federal law or Constitutional rights.
(b)
Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
Dwelling unit means one (1) or more rooms arranged, designed, or intended to be occupied as living quarters, having rigid exterior wall structures.
Emergency and public safety work means any work performed for the purpose of preventing or alleviating physical injury, illness, or property damage, or work performed by public and private service companies constructing, inspecting, and repairing utilities, repairing and maintaining roads, bridges, and highways, providing snow removal, and the operation of public safety and emergency vehicles.
Enclosed dwelling unit means the dwelling unit has its doors and windows closed.
Enclosed vehicle means a vehicle with all operable doors, windows, sunroof, and other openings closed.
Medical care facility is defined as set forth in Section 32.1-102.1 of the Code of Virginia, 1950, as amended.
Plainly audible means any sound that can be heard by the human ear with or without a medically approved hearing aid or device. Specific words or phrases need not be discernible. The detection of bass reverberations is sufficient to constitute a plainly audible sound. The sound must not be so faint that its source cannot be identified.
School means a public school subject to Title 22.1 of the Code of Virginia, 1950, as amended, a private school serving children in one (1) or more grades between kindergarten and grade twelve (12), a school for students with disabilities as that term is defined in Section 22.1-319 of the Code of Virginia, 1950, as amended, a child day care center as that term is defined in Section 63.2-100 of the Code of Virginia, 1950, as amended, and any public or private institution of higher learning, as those terms are defined in Section 23.1-100 of the Code of Virginia, 1950, as amended.
(c)
Prohibitions. It shall be unlawful for any person to:
(1)
Play, use, operate, or permit to be played, used or operated any television, radio, audio system in a motor vehicle, record, tape or compact disc player, drum, musical instrument, loudspeaker, communication system, amplification system, or any other sound production or reproduction system or device in such a manner that it is plainly audible inside the confines of another person's enclosed dwelling unit.
(2)
Play, use, operate or permit to be played, used, or operated any radio, audio system, record, tape or compact disc player, drum, musical instrument, loudspeaker, communication system, amplification system, or any other sound production or reproduction system, within a motor vehicle such that it is plainly audible within another person's enclosed vehicle.
(3)
Play, use, operate, or permit to be played, used or operated any television, radio, audio system in a motor vehicle, record, tape or compact disc player, drum, musical instrument, loudspeaker, communication system, amplification system, or any other sound production or reproduction system or device from outside the walls of an assisted living facility, court, medical care facility, nursing home, or school in such a manner that it is plainly audible within the confines of the same while it is being used as such.
(d)
Exemptions. The prohibitions found in this section shall not apply to:
(1)
Activities permitted by law for which a specific license or permit has been granted by the city, state or federal government; including, but not limited to, noise generated by and necessary for the conduct of public festivals, parades, special events, and celebrations of recognized federal, state and local holidays.
(2)
Noise created by and as a result of publicly sponsored events on property owned or controlled by the public entity sponsoring such events.
(3)
Activities for which local regulation of noise has been preempted by state or federal law or which the city has no authority to regulate.
(4)
Noise created for purposes of alerting persons to the existence of an emergency, provided such noise ceases once any such threat is no longer imminent.
(5)
Noise created in the performance of emergency and public safety work or law enforcement activities.
(6)
Warning devices. Sound produced by a horn or warning device of a vehicle when used as a warning device, including back-up alarms for trucks and other equipment.
(7)
Clocks, bells, and carillons between the hours of 7:00 a.m. and 10:00 p.m., provided that any such sounds do not occur for more than five (5) consecutive or non-consecutive minutes in any one (1) hour.
(e)
Penalties.
(1)
A violation of this section shall constitute a Class 3 misdemeanor.
(2)
A second violation and every additional violation of this section within any twelve-month period shall constitute a Class 2 misdemeanor.
(3)
In addition to, and not in lieu of, the penalties proscribed herein, the city may apply to the circuit court for an injunction against the continuing violation of any provision of this section and may seek any other remedy or relief authorized by law. Nothing in this section is intended to preclude or be a precondition to private actions to abate or enjoin nuisances.
(Ord. No. 173, § 36; Ord. No. 254; Code 1961, § 25-12; Ord. No. 2732-81; Ord. No. 2862-81; Ord. No. 4231-91; Ord. No. 6637-09, § 2; Ord. No. 6954-13, § 1; Ord. No. 7470-18, § 1; Ord. No. 7498-18, § 1)
(Ord. No. 173, § 36; Ord. No. 254; Code 1961, § 25-12; Ord. No. 2732-81; Ord. No. 2862-81; Ord. No. 4231-91; Ord. No. 6637-09, § 2; Ord. No. 6954-13, § 1; Ord. No. 7470-18, § 1; Ord. No. 7498-18, § 1)