20000314 2000-3ORDINANCE NO. 2000-3
AN ORDINANCE AMENDING SECTION 14-16, ARTICLE
I, CHAPTER 14 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, PERTAINING TO NOISE
BE IT ORDAINED, by the City Council of the City of Fairfax, that Section 14-16,
Article I, Chapter 14 of the Code of the City of Fairfax, Virginia, is hereby amended to read in
its entirety as follows:
Sec. 14-16. Loud. disturbing and unnecessary, noises.
(a)
It shall be unlawful for any person to make, continue, or cause to be made or
continued any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety of others
within the city.
(b)
The following acts, among others, are declared to be loud, disturbing and unnecessary
noises in violation of this section, but such enumeration shall not be deemed to be
exclusive, and any person charged with a violation under this section shall bear the
burden of demonstrating that the noise is not a loud, disturbing and unnecessary noise:
(1)
Horns. signaling devices, etc. The sounding of any vehicular or other horn or
other audible signaling device on any automobile, motorcycle, truck or other
vehicle, or of any such device not attached to a vehicle, except as a danger
warning or other ernergency warning signal or for reasons of public safety; the
creation by means of any such signaling device of any unreasonably loud or
harsh sound; and the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device except one
operated by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signaling device when
traffic is for any reason held up.
(2)
Radios, phonographs, tape players, musical instruments, etc. The using,
operating, or playing, or permitting to be played, used, or operated, of any
radio or television, sound amplifier, phonograph, tape player, compact disc
player, digital audio tape (DAT) player, drum or other musical instrument, bell,
whistle, loudspeaker, or any similar device, whether or not attached to a
vehicle, motorized or otherwise, operating on any street in the city, for the
producing or reproducing of sound in such a manner as to disturb the peace,
quiet and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the persons that are in the
room, vehicle or chamber in which such machine or device is operated and
who are voluntary listeners thereto. The operation of any such radio or
television, sound amplifier, phonograph, tape player, compact disc player,
DAT player, drum or other musical instrument, bell, whistle, loudspeaker or
any similar device enumerated and generally described above between the
hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of fifty (50) feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this section. The
provisions of this subsection shall not apply to vehicles, instruments or
devices, as described above, utilized in a duly authorized parade or other city-
sponsored event.
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(3)
Loudspeakers or amplifiers for advertising. The using, operating or permitting
to be played, used or operated of any machine, instrument or device for the
production or reproduction of sound which is cast upon the public streets for
the purpose of commercial advertising or attracting the attention of the public
to any building or structure, including auction sales, unless a permit therefor is
issued by the city manager.
(4)
Yelling, shouting, loud talking, singing, etc. Yelling, shouting, hooting,
whistling, singing, or any similar activity or other noise disturbance on the
public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at
any time or place so as to annoy or disturb the quiet, comfort or repose of
persons in any office or in any dwelling, hotel or other type of residence or of
any persons in the vicinity of such activity or noise disturbance.
(5)
Animals. birds, etc. The owning, harboring, or possessing of any animal or
bird which, by causing frequent or long continued noise, shall disturb the
comfort or repose of any persons across a real property boundary or within a
nearby dwelling unit.
(6)
Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler, except to give notice of the time to
begin or stop work or as a warning of fire or danger, or upon request of proper
city authorities.
(7)
Exhausts, mufflers, motor vehicles and motorcycles. The discharge into the
open air of the exhaust of any steam engine, stationary internal combustion
engine or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises emanating therefrom. The
operation of any motor vehicle or motorcycle not equipped with a muffler or
other sound dissipative device in good working order and in constant
operation, in accordance with federal and state laws or regulations. The
removal or rendering inoperative of any muffler or sound dissipative device, or
otherwise defeating the design purpose of any noise suppression system or
device by installing therein or thereon any part or component which does not
meet the minimum design specifications for such system or device, other than
for purposes of maintenance, repair or replacement, on a motor vehicle or
motorcycle. The selling or offering for sale of a muffler without interior baffle
plates or other effective muffling device or any gutted muffler, muffler cutout
or straight exhaust and the operation of any motorcycle or motor vehicle so
equipped. The operation of any motorcycle or other motor vehicle so out of
repair so as to cause thereby loud and unnecessary grating, grinding, rattling or
any other noise disturbance. The operation of any motorcycle or other motor
vehicle under the following conditions: (a) unnecessarily racing the motor of
such motorcycle or motor vehicle while standing or moving and thereby
causing a noise disturbance; (b) unnecessarily retarding the spark to the motor
of such motorcycle or motor vehicle and thereby causing a noise disturbance;
(c) in starting a motorcycle or motor vehicle from a stationary position, the
practice of accelerating unnecessarily rapidly and thereby causing a noise
disturbance; (d) in stopping a motorcycle or motor vehicle, the practice of
coming to an unnecessarily quick stop and thereby causing grinding of brakes
or screeching of tires or any other noise disturbance; (e) with respect to a
commercial motor vehicle, the running of the engine of such vehicle for more
than three (3) minutes when the vehicle is parked, left unattended, or is stopped
for other than traffic or maintenance reasons, except when the propulsion
engine provides auxiliary services (refrigerating or heating of the contents of
the vehicle).
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(8)
(9)
(lo)
(11)
(12)
(13)
(14)
(15)
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle
so out of repair, so loaded or in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise disturbance.
Loading and unloading. The creation of any loud and excessive noise, or any
noise disturbance, in connection with loading or unloading any vehicle or the
opening and destruction of bales, boxes, crates or other containers. The
loading or unloading of any truck in the outdoors within one hundred (100)
yards ora residence between the hours of 10:00 p.m. and 8:00 a.m.
Construction or repair of buildings. The erection (including excavating),
demolition, alteration or repair of any building before 7:00 a.m. and after 6:00
p.m. on weekdays, before 8:30 a.m. and after 5:00 p.m. on Saturdays, and at
any time on Sundays, except in the case of urgent necessity in the interest of
public health and safety, and then only when authorized by the building
official, which authorization may be granted for a period not to exceed three
(3) days while the emergency continues and which authorization may be
renewed for periods of three (3) days or less while the emergency continues.
Interior work which does not generate noise discernible at the property line
shall not constitute a prohibited act.
Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m.
and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is attended by loud
or unusual noise.
Blowers. The operation of any noise-creating blower or power fan or any
internal combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such blower or fan
is muffled and such engine is equipped with a muffler device sufficient to
deaden such noise.
Schools, courts, churches and hospitals. The creation of any excessive noise
or any other noise disturbance on any street adjacent to any school, institution
of learning, church or court, while the same are in use, or adjacent to any
hospital at any time, which unreasonably interferes with the workings of such
institution or which unduly disturbs or annoys patients in a hospital, provided
conspicuous signs are displayed in such streets indicating that the same is a
school, hospital or court street.
Hawkers and peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the area.
Trash and refuse. The collection of trash or refuse with or without a refuse
vehicle, before 7:00 a.m. or after 7:00 p.m. on any weekday or weekend day.
This ordinance shall become effective as provided by law.
illl
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INTRODUCED: February 22, 2000
PUBLIC HEARING: March 14, 2000
ENACTED: March 14, 2000
J. Coughlan
J. Greenfield
R. Lederer
J. Petersen
G. Rasmussen
S. Silverthome
Vote:
Aye
Absent
Aye
Aye
Aye
Aye
Mayor
Date
ATTEST: