2010-01ORDINANCE NO. 2010-01
AN ORDINANCE AMENDING CHAPTER 38, ARTICLE II, SECTION 38-11 OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO LOUD,
DISTURBING AND UNNECESSARY NOISES.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 38,
Article II, Section 38-11 of the Code of the City of Fairfax, Virginia, pertaining to loud,
disturbing and unnecessary noises is hereby amended, as follows:
ARTICLE IL NOISE
Sec. 38-11. Loud, disturbing and unnecessary noises.
(a) It shall be unlawful for any person:
(1) to use or sound any vehicular or other horn or other audible signaling device or similar
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 emergency warning signal or for
reasons of public safety.-
(2) to use, operate or play any radio, phonograph, television, record, compact disc or tape
player, musical instrument, loudspeaker, sound amplifier or other machine or device capable
of producing or reproducing sound in such a manner or with such volume or duration that it is
plainly audible between 11:00 p.m. and 7:00 a.m. (i) inside the confines of the dwelling unit,
house or apartment of another person, or (ii) at fifty (50) or more feet from the device, except
for devices permitted to be used pursuant to a city issued permit.
(3) to play or permit the playing of any radio, stereo, tape player, compact disc player,
loud speaker or other electronic device or mechanical equipment used for the amplification of
sound, which is located within or upon a motor vehicle (whether or not attached to said
vehicle) and which is plainly audible from outside the motor vehicle at a distance of fifty (50)
feet or more from the vehicle. This provision shall not apply to sirens, loud speakers and
emergency communications radios in public safety vehicles, nor shall it apply to motor
vehicle alarms or other security devices. The provisions of this subsection shall not apply to
vehicles, instruments or devices, as described in this subsection, utilized in a duly authorized
parade or other city sponsored event.
(4) to use, operate, or permit to be played, used or operated, e~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 therefore is issued by the city manager or
his designee.
(5) to yell, shout, hoot, whistle, sing or undertake any similar activity or other noise
disturbance on the public streets, between the hours of 11:00 p.m. and 7:00 a.m.
(6) to allow any animal or bird to create noise that is plainly audible at least once a minute
for ten (10) consecutive minutes (i) inside the confines of the dwelling tuzit, house or
apartment of another, or (ii) at fifty (50) or more feet from the animal or bird.
(7) to allow 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.
(8) to allow 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; to allow 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 to remove or allow to be removed or rendered inoperative 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; to sell or offer for sale
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; to operate or allow to be operated 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; and/or to operate any motorcycle or other motor vehicle under the
following conditions:
a. Umnecessarily 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 minutes when the vehicle is parked, left unattended, or is stopped for
other traffic or maintenance reasons, except when the propulsion engine provides auxiliary
services (refrigerating or heating of the contents of the vehicle).
(9) to create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a. m. in
connection with loading or unloading any vehicle or the opening and destruction of bales,
boxes, crates or other containers.
(10) to erect (including excavating), demolish, alter or repair 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
federal and state holidays, 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 days while the
urgent necessity continues and which authorization may be renewed for periods of three days
or less while the urgent necessity continues. Interior work which does not generate noise
discernible at the property line shall not constitute a prohibited act.
(11) to operate 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 federal and state holidays, and at any time on Sundays, any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other similar
machinery.
(12) to operate 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, wlless
the noise from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise. This subsection is not intended to impose additional
limits on the use of "leaf blowers" properly equipped with mufflers.
(13) to create any excessive noise or any other noise disturbance on any street adjacent to
any school, institution of learning, church or court while the same is in use, or adjacent to any
hospital at any time, which 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.
(a.) to collect 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.
(b) Penalty. Violations of this article shall be unlawful and shall constitute a class 1
misdemeanor.
This ordinance shall become effective as provided by law.
INTRODUCED: January 12, 2010
PUBLIC HEARING: January 26, 2010
ENACTED: January 26, 2010
/ ~ ~~
ate
ATTEST:
City Clerk
Votes
Councilwoman Cross Aye
Councilman Drtunmond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Aye