20000314 2000-4ORDINANCE NO. 2000-4
AN ORDINANCE AMENDING SECTION 26-50, ARTICLE
II, CHAPTER 26 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, AND ENACTING NEW SECTIONS
26-226 THROUGH 26-226.11, NEW ARTICLE XXII,
CHAPTER 26.
BE IT ORDAINED, by the City Council of the City of Fairfax, that Section 26-50,
Article II, Chapter 26 of the Code of the City of Fairfax, Virginia, is hereby amended to read
in its entirety as follows:
Sec. 26-50. Reserved.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, that new Sections
26-226 through 26-226.11, new Article XXII, Chapter 26 of the Code of the City of Fairfax,
Virginia, is hereby enacted:
ARTICLE XXII. NOISE CONTROL
Sec. 26-226. Short Title.
This Article shall be known, and may be referred to and cited, as the Noise Control
Ordinance of the City of Fairfax, Virginia.
Sec. 26-226.1. Declaration of Policy.
It shall be the public policy of the City of Fairfax, Virginia, to provide reasonable
restrictions on noise for the purpose of promoting the health, safety and general welfare of its
citizens. Such noise control policy shall be conducted, to the extent possible, in cooperation
and coordination with similar programs in other local jurisdictions and in concert with state
and federal governments and other regional agencies.
Sec. 26-226.2. Definitions.
For the purposes of this Article, the following words and phrases shall have the
meanings assigned below, when used in this Article, except in those situations where the
context clearly indicates a different: meaning:
A-weighted sound .pressure level shall mean the sound pressure level as
measured on a sound level meter using the A-weighted network, reported as
dBA.
2
Decibel shall mean a unit which describes the sound pressure level or intensity
of sound. The sound pressure level in decibels is twenty (20) times the
logarithm to the base ten (10) of the ratio of the pressure of the sound in
microbars to a reference pressure of 0.0002 microbar; abbreviated dB.
Noise shall mean any sound which may cause or tend to cause an adverse
psychological or physiological effect on human beings.
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4
Octave band analyzer shall mean an instrument to measure the octave band
composition of a sound by means of a bandpass filter. It shall meet the
specifications of the American National Standards Institute publications S 1.4-
1961, S 1.6-1967, and S 1.11-1966, or their successor publications.
Sound level meter shall mean an instrument to measure sound pressure levels.
Sec. 26-226.3. Enforcement.
(a) The administration and enforcement of this Article shall be the duty of the zoning
administrator, or his designee, who is hereby authorized to take such actions, including the
establishment of any rules and regulations necessary to enforce the provisions of this Article,
and the undertaking of any inspections in response to complaints, that are thereby required.
(b) Whenever the zoning administrator has reason to believe that a violation of any
provision of this Article or a rule or regulation issued pursuant thereto has occurred, he may
give notice of the violation to the person failing to comply with this Article, the property
owner or business owner and order such person, property owner or business owner to
undertake such corrective measures that are necessary within a reasonable time thereafter.
Such notice of violation shall be in writing and shall be served personally upon the person to
whom directed, or if he be not found, by mailing a copy thereof by certified mail to his usual
place of abode, if an individual, or to the address or record of the property or business owner.
A copy shall also be conspicuously posted at the premises affected by the notice and order, if
any. Nothing in this Article shall prevent the zoning administrator, in his discretion, from
making efforts to obtain voluntary compliance with this Article through appropriate means.
(c) Notwithstanding the provisions of this Article or any other provision of law, if the
zoning administrator finds that any person or business is causing or contributing to a violation
of any provision of this Article and such violation creates an emergency which requires
immediate action to protect the public health or safety, the zoning administrator shall order
the person or business to cease or otherwise correct such violation immediately and such
order shall be complied with immediately. This order shall be deemed to be properly served
if it is in writing and served personally upon the person to whom directed, or if he be not
found, by mailing a copy thereof by certified mail to his usual place of abode, if an individual,
or to the address or record of the property or business owner. A copy shall also be
conspicuously posted at the premises affected by the notice and order, if any.
Section 26-226.5. Tests for noise disturbance.
The standards which shall be considered in determining whether a violation of this
Article has occurred may include, but not be limited by, the following:
(2)
(3)
(4)
(5)
(6)
level of noise;
origin of the noise (:natural or manmade);
proximity of noise to residential areas;
zoning of the area fi:om which the noise emanates;
time of day or night the noise occurs;
duration of the noise
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Section 26-226.6. Noise measurement procedure.
Any noise measurement made pursuant to this Article shall be accomplished either
utilizing the combination of a sound pressure meter and an octave band analyzer or utilizing
an A-weighted sound pressure meter. The sound pressure meter shall be manufactured to meet
ANSI S 1.4-1971 Type2 standard and to read in decibels, A-weighted. Measurement of noise
shall be taken at any property line, or within any other property affected by the noise, at a
point likely to receive the highest sound pressure level. Measurement shall be taken directing
the instrument's microphone toward the sound generator and toward any surface likely to
reflect the noise from the noise generator.
Section 26-226.7. Maximum 'permissible noise levels.
(a) No person shall operate, and no property owner or business owner shall permit to
be operated, any noise source in such a manner as to create a sound pressure level which
exceeds the limits set forth in the table following titled "Maximum Sound Pressure Levels."
The noise limits for each parcel of land shall depend upon the zoning district within which the
parcel is classified. All activities on parcels in residential, commercial or industrial districts
shall operate within the residential, commercial or industrial limits set forth in the table. All
mixed-use zones shall meet the most restrictive standard among those set forth in the table for
the uses for which certificates of occupancy apply on the parcel at the time of measurement.
MAXIMUM SOUND PRESSURE LEVELS
Zoning District Maximum Octave Band Limit
Classification dBA Center Frequency
Hertz- (HZ)
dB
31.5 70
63 69
125 64
250 59
Residential 55 500 53
1,000 47
2,000 42
4,000 38
8,000 35
31.5 75
63 74
125 69
250 64
Commercial 60 500 58
1,000 52
2,000 47
4,000 43
8,000 40
31.5 85
63 84
125 79
250 74
Industrial 72 500 68
1,000 62
2,000 57
4,000 53
8,000 50
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(b) The city council may, after a duly advertised public hearing, and upon finding the
necessity to further restrict noise in the interest of public health, safety and welfare, designate
a defined geographical area within the city as a "quiet zone." The designation of each such
area shall include a description of the subject area, the reasons for its designation, and a
prescribed limit of sound pressure to apply within the zone.
Section 26-226.8. Violation - Penalties.
(a) Any violation of the provisions of this Article shall constitute a misdemeanor, and
any person violating this Article shall, upon conviction, be punishable by imprisonment not to
exceed thirty (30) days or by a fine not to exceed one thousand dollars ($1,000.00), or both.
Each separate act on the part of the person violating this Article shall be deemed to be a
separate offense, and each day a violation is permitted to continue unabated shall be deemed
to constitute a separate offense.
(b) In addition to any other penalty or remedy provided for in this Article, the
violation of any provision of this Article or other operation of any vehicle, machinery, device
or instrument which adversely affects the health, safety or general welfare of the public may
be deemed to be a public nuisance and the imposition of any penalty under subsection (a)
above shall not abrogate the right of the city cause the abatement of any such public nuisance,
including the seeking of a restraining order or injunction issued by a court of competent
jurisdiction.
Section 26-226.9. Exemptions.
(a) Any person responsible for any noise source may apply to the city manager or his
designee for an exemption or partial exemption from the provisions of this Article. The
application shall be accompanied by such information and data as the city manager or his
designee shall require. The city manager or his designee may grant such exemption or partial
exemption if he finds that (1) the detriment to the community due to the noise is outweighed
by the benefit to the public interest during the period of the exemption or partial exemption,
and (2) strict compliance with the provisions of this Article would produce serious hardship.
Any such exemption or partial exemption shall be revocable at the sole discretion of the city
manager or his designee. A copy of any exemption or partial exemption granted shall be
conspicuously posted at the source of the noise.
(b) The following uses and activities shall be exempt from the provisions of this
Article:
(1) Noises from any authorized emergency vehicle, when responding to an
emergency, or any alarm, siren, bell or whistle related to, used for, or
connected with any emergency machinery, vehicle, work or alarm, provided
the sounding of any alarm, siren, bell or whistle on or near any building or
motor vehicle shall terminate immediately upon the ending of any such
emergency.
(2) Work necessary to repair or restore services provided by public service
companies or the city, including but not limited to water, gas, sewer, telephone
and electric companies.
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(3)
(4)
(5)
(6)
(7)
(8)
Any activity to the extent regulation thereof has been preempted by state or
federal law.
Noncommercial public speaking and public assembly activities conducted on
any public space.
Outdoor gatherings, shows and sporting and other entertainment events
conducted during the hours of 7:00 a.m. and 10:00 p.m. provided that these
events are conducted in strict compliance with a permit issued by the city or
are part of a school sponsored entertainment or sporting event.
Any noise conducted in connection with a special use permit issued by the city
and displayed at the place of noise generation, provided that such noise does
not exceed the limits established therein.
Any noise arising from lawn mowing or use of any electrical, hand or gas-
powered garden equipment associated with gardening or grounds maintenance
activities, provided that no such equipment shall be utilized except during the
hours of 8:00 a.m. and 8:00 p.m.
Any city-sponsored festival or event.
Section 26-226.10. Severability.
Should any portion or portions of this Article be declared unconstitutional or invalid
by a valid decree or order of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect the validity of this Article in its entirety or of any part thereof other
than that portion or portions of the Article declared to be invalid.
Section 26-226.11. Conflict.
To the extent any provision of this Article may conflict with any other provision in the
Code of the City of Fairfax, Virginia, existing on the effective date of the ordinance
establishing this Article, then this Article shall prevail.
This ordinance shall become effective as provided by law.
PLANNING COMMISSION PUBLIC HEARING: February 14, 2000
CITY COUNCIL PUBLIC HEARING: March 14, 2000
ENACTED:
March 14, 2000
Vote
J. Coughlan Aye
J. Greenfield Absent
R. Lederer Aye
J. Petersen Aye
G. Rasmussen Aye
S. Silverthorne Aye
Mayor
Date
ATTEST: