City of Richmond, Virgina - Noise Ordinance - Comments

CITY OF RICHMOND, VIRGINIA NOISE ORDINANCE ADOPTED FEBRUARY 22, 2010

COMMENTS

COPYRIGHT C. WAYNE TAYLOR 2010 May be freely distributed intact, excerpted with attribution, and used by municipalities.

Contents

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Table of ContentsPart I Introduction1 Adoption Process ...................................................................................................................................

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Part II Full Text Part III Source Documents Part IV Purpose and Intent Part V Definitions1 "Fifty Feet or More From" ................................................................................................................................... 2 "Plainly Audible" ................................................................................................................................... 3 To Cause vs To Allow ................................................................................................................................... 4 "Within the confines" ...................................................................................................................................

6 8 9 99 10 11 11

Part VI Time of Day Part VII Prohibited Activities1 12 am to 7 am ................................................................................................................................... 2 Animals ................................................................................................................................... 3 Construction ...................................................................................................................................Equipment

11 1213 14 15 16 18

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4 Sound Devices ................................................................................................................................... 5 Vehicles ...................................................................................................................................

Operation .......................................................................................................................................................... 18 Signal Devices .......................................................................................................................................................... 19 Sound Devices .......................................................................................................................................................... 19 Waste Collection .......................................................................................................................................................... 19

6 Yard ................................................................................................................................... Maintenance

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Part VIII Exempt Activities1 Alarms ................................................................................................................................... 2 Activities ................................................................................................................................... 3 Protect Acts ...................................................................................................................................

2021 22 23

Public Events .......................................................................................................................................................... 23 & Activities

Assembly and Speech .......................................................................................................................................................... 23 Religion .......................................................................................................................................................... 24

4 Vehicles ...................................................................................................................................Generally Alarms 2010 C. Wayne Taylor

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.......................................................................................................................................................... 24 .......................................................................................................................................................... 24

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City Of Richmond Noise Ordinance - CommentsEmergency Vehicles .......................................................................................................................................................... 25

Part IX Penalties Part X Enforcement Part XI Separate Offences Part XII Severability Part XIII Other Sections1 Chapter 10 ................................................................................................................................... 2 Chapter 18 ................................................................................................................................... 3 Chapter 26 ................................................................................................................................... 4 Chapter 34 ................................................................................................................................... 5 Chapter 38 ................................................................................................................................... 6 Chapter 46.1 ................................................................................................................................... 7 Chapter 110 ................................................................................................................................... 8 Chapter 114 ...................................................................................................................................

25 26 27 27 2728 28 28 29 30 31 32 32

Part XIV Not Addressed1 Announcer ................................................................................................................................... 2 Electricity Generators ................................................................................................................................... 3 HVAC Equipment ................................................................................................................................... 4 Crafting ................................................................................................................................... 5 Speech ................................................................................................................................... 6 Non-Residential District Source ...................................................................................................................................

3536 36 36 36 36 37

Part XV Repealed Text Part XVI Work Tables

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2010 C. Wayne Taylor

Introduction

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IntroductionThe City of Richmond noise law does not make sense. Although citizens pointed out many problems and omissions in the original draft, none of them were corrected. The adopted version contains only two revisions--both lessening restrictions on police vehicles. The ordinance was drafted and adopted very quickly even though the city had been without a valid ordinance for seven months. The City of Richmond noise law is simplistic and not comparable to those found in cities as dense and as large as Richmond. The law contains a list of ten prohibited noise sources and a list of eight exempt sources. Some of the provisions are exceptionally lenient and others are exceptionally strict. A number of important provisions are missing. The noise regulations are criminal laws with the attendant burdens of proof and penalties.

1.1

Adoption ProcessOn April 17th, 2009, the Supreme Court of Virginia held that provisions in the City of Virginia Beach noise ordinance were unconstitutional. The City of Richmond noise ordinance contained the same or similar provisions. The court decision was a simple one. A ordinance cannot prohibited noise by describing it as "unreasonably loud" or other vague and subjective language. The prohibition must describe the noise level in objective terms that can be verified. There are two types of objective standards found in noise ordinances in Virginia and across the country. One sets limits base on a maximum decibel level. The other sets limits based on the maximum distance from which a noise can be heard. At the time of the court decision, many Virginia jurisdictions already used decibel and distance standards. Shortly after the decision, Virginia localities that used subjective standards began adopting new ordinances. The City of Virginia Beach adopted a new ordinance on May 12th of 2009. In late August, the Local Government Attorneys of Virginia's Ad Hoc Committee on Noise Ordinances issued a "'buffet' of different approaches and provisions that drafters could consider when creating or revising a noise ordinance". The document included copies of the City of Virginia Beach ordinance and a draft ordinance from the Town of Blacksburg. The City of Richmond council waited until the busy Christmas season to release a draft ordinance and scheduled a public hearing for January 25, 2010, at which time the council could adopt the ordinance. It is worth taking a moment to review the procedural requirements for adoption of the ordinance. Any change to the substance of the proposed ordinance must be advertised for a new public hearing before any action on it can be taken. Thus, unless there is a desire to adopt an ordinance quickly, it would be prudent to obtain staff input prior to advertising the ordinance language. City council advertised a public hearing on the noise ordinance before the draft had been internally


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City Of Richmond Noise Ordinance - Comments

reviewed and before the Public Safety committee had reviewed the draft. During the adoption process, council members often described the situation as a legal matter and needing quick action. In fact, there was no legal issue. The city simply needed to adopt an ordinance based on decibel levels or distance limits. Nor, was there any reason to delay the adoption process until December. All the information and resources needed to adopt an ordinance exited many months earlier. Staff input on the draft was notably absent. Normally, a city's professional staff performs research and prepares a report containing background information and recommendations to aid the elected officials. The city has many professional urban planners with access to noise ordinance guidance, yet no staff report was requested from them. The city attorney, who would normally lead the public review process, sat silent. It seems one could reasonably conclude that council delayed action as long as possible and then sought to quickly and quietly adopt an ordinance that does not regulate commercial noise. It is also worth noting that the Richmond Times-Dispatch did not publish any news about the proposed language. In spite of the limited information about the ordinance the citizens involved in the process raised enough concerns to cause council members to acknowledge that the ordinance needs further work. One council member stated his intention to form a team, mostly attorneys, to review the law for "flaws". This is puzzling because a city attorney was present during the review process, but was never consulted. What is needed is a team of urban planners to fix the policy flaws.

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Full TextCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. (a) It shall be unlawful for any person: (1) To use, operate or play between the hours of 7:00 a.m. and 11:00 p.m. any radio, phonograph, television, record, compact disc 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 (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 at public parks or recreation fields, sporting events, school-sponsored activities on school grounds, or duly authorized parades, public functions or commemorative events. Between the


Full Text

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hours of 11:00 p.m. and 7:00 a.m., sound from such equipment shall not be plainly audible to any person other than the operator. (2) To allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible inside the confines of the dwelling unit, house or apartment of another person. (3) To allow any animal or bird to create noise such that it is plainly audible at least once a minute for 10 consecutive minutes (i) inside the confines of the dwelling unit, house or apartment of another; or (ii) at fifty (50) or more feet from the animal or bird. (4) 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 a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. (5) To operate a motor vehicle including a motorcycle that creates mechanical or exhaust noise that is plainly audible at a distance of three hundred fifty (350) feet or more from the vehicle. (6) To sound or permit the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger. (7) To create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles. (8) To create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. (9) To create plainly audible noise in connection with the erection, including excavation, demolition, alteration, or repair of any building or improvement between the hours of 7:00 p.m. and 7:00 a.m., except for emergency repairs to rectify an unsafe condition. (10)To operate any chain saw, pile driver, mechanical shovel, pneumatic hammer, derrick, or mechanical hoist between the hours of 7:00 p.m. and 7:00 a.m., except for emergency repairs to rectify an unsafe condition. (b) Any person convicted of a violation of this section shall be guilty of a class 2 misdemeanor. Sec. 38-32. Exceptions. Section 38-31 of this Code shall have no application to any sound generated by any of the following:


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(1) Public speaking and public assembly activities conducted on any public right-of way or public property provided, however, that the terms of any special events permit issued under Article X, Chapter 102 of the City Code regarding assemblies, permits and parades shall apply. (2) Religious services, religious events, or religious activities or expressions, including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression. (3) Activities on or in school athletic facilities, or on or in publicly owned property and facilities. (4) Radios, loud speakers, sirens, horns, and bells on [sic] other noise caused by police, fire, or other emergency response vehicles. (4) Motor vehicle alarms or other motor vehicle security devices. (5) Parades, fireworks displays, school-related activities, and other such public special events or public activities; subject, however, to the terms of any permit issued under Article V, Chapter 46.1 of the City Code regarding fireworks and pyrotechnics permits or under Article X, Chapter 102 of the City Code regarding assemblies, demonstrations and parades shall apply. (6) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn off the alarm. (7) Locomotives and other railroad equipment, and aircraft.

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Source DocumentsDuring the adoption process, it was stated many times that the draft ordinance was the result of extensive research, including the review of ordinances across the country. It is interesting to note, however, that all of the provisions in the City of Richmond noise ordinance are found in the Chesterfield County ordinance or the City of Williamsburg ordinance. The Chesterfield County ordinance is poor. The City of Williamsburg ordinance (which contains decibel-based provisions) is well crafted. However, in the process of "cut and paste" many of the provisions were intentionally or inadvertently modified. In some cases the effect of the provision was changed dramatically. Other important provisions found in the two ordinances were omitted. There were numerous suitable Virginia ordinances that could have served as the "ready-made" basis of the City of Richmond ordinance. The Albemarle County ordinance is one. The City of 2010 C. Wayne Taylor

Source Documents

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Virginia Beach ordinance is another. The Virginia Beach ordinance was included in a report prepared by the Virginia Local Government Attorneys.

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Purpose and IntentThe City of Richmond ordinance does not contain a "Purpose and Intent" statement. Noise ordinances in other Virginia municipalities have very explicit statements. When a court must attempt to interpret an unclear provision in an ordinance it seeks to find the intent of the legislative body. The "Purpose and Intent" section is the first place a court looks. City Council was aware of the problem. A citizen provided council with a chart comparing the structure of the city ordinance to the structure in other noise ordinances.

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DefinitionsDefinitions are extremely important in law. They make clear the scope of the law. They inform the public and guide law enforcement. The new City of Richmond noise ordinance does not contain any definitions. The City of Virginia Beach noise ordinance contains ten general definitions as well as additional definitions of technical terms. The Albemarle County ordinance has over twenty definitions. City Council was aware of the problem. A citizen provided council with a chart comparing the structure of the city ordinance to the structure in other noise ordinances. The citizen also provided council with sample definitions. There are several terms in the city ordinance that a citizen or officer could easily misunderstand. In other chapters of the city code, two relevant terms are defined: Code of the City of Richmond, Virginia Chapter 1 GENERAL PROVISIONS Sec. 1-2. Definitions and rules of construction. Owner. The term owner, applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Person. The term person extends to and is applied to associations, firms, partnerships, bodies politic and corporate, and all other legal entities, as well as to individuals.

5.1

"Fifty Feet or More From"Three of the ten prohibited activities in the ordinance rely on the phrase "at fifty or more feet from". The three pertain to animals, audio devices, and audio devices in vehicles.


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Normally, prohibitions stated as a distance from the source apply only to mobile sources such as vehicles on public streets. When the source is on a property, the prohibition is logically stated as a distance from the property line. The city ordinance applies the "distance from the source" rule to sources that are located within the boundary of a parcel. This prohibits some innocuous activities and seems to bear no reasonable relation to a legitimate governmental interest. City Council was aware of the problem. A citizen gave council the following example: Situation A: A device is audible at 40 feet but not audible at 50 feet and is located 10 feet from the property line. Sound extends 30 feet onto adjoining property. Situation B: A device is audible at 50 feet but not audible at 60 feet and is located 40 feet from the property line. Sound extends 10 feet onto adjoining property. "A" is louder than "B" on adjoining property, yet "A" is allowed and "B" is not.

5.2

"Plainly Audible"Eight of the ten prohibited activities in the ordinance rely on the phrase plainly audible, yet it is not defined. Some municipalities define the phrase to mean any sound that can be detected by unaided human hearing. Some define it to mean any sound that can be heard clearly by unaided human hearing. City Council was aware of the problem. The police department attorney expressed concerns about it, as did council members and citizens. A proposed definition was submitted to council by a citizen. In response to a request made by a member of council, another council member stated: "Plainly audible means able to be heard by the person either at the prescribed distance or within the house of another in such a manner that it is clear what the noise is." This appears to be synonymous with "detected by unaided human hearing". It is important to note that no interpretation mentioned requires that the content be intelligible. In fact, some ordinances that equate "plainly audible" to "clearly audible" specifically state that, when music is involved, the detection of rhythmic bass tones shall be sufficient to be considered plainly audible sound. Perhaps the best interpretation of "plainly audible" is that it means there is no doubt about the presence of the sound.


Definitions

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5.3

To Cause vs To AllowThe City of Richmond noise ordinance uses a variety of terms when enumerating prohibited activities. The terms used determine who can be charged with an offence. Six provisions prohibit causing the noise (create, operate, play, use), two prohibit allowing the noise (allow, permit), and two prohibit causing or allowing the noise (play or permit, sound or permit): Sec. 38-31(a)(1). To use, operate or play [sound device] Sec. 38-31(a)(2). To allow [noise] Sec. 38-31(a)(3). To allow [animal] Sec. 38-31(a)(4). To play or permit [vehicle sound device] Sec. 38-31(a)(5). To operate [motor vehicle] Sec. 38-31(a)(6). To sound or permit [vehicle signal device] Sec. 38-31(a)(7). To create [waste collection] Sec. 38-31(a)(8). To create [yard maintenance] Sec. 38-31(a)(9). To create [construction] Sec. 38-31(a)(10). To operate [loud equipment] Allowing a noise implicates both the person creating the noise and the person who has control of the person, place, or source. Causing the noise requires proving that a person is implicated.

5.4

"Within the confines"Three of the ten prohibited activities in the ordinance rely on the phrase "inside the confines of the dwelling unit, house or apartment", yet it is not defined. Some municipalities specify that the doors to the receiving area must be closed and windows in the normal position for the season. Some specify that the doors and windows must be closed. City Council was aware of the problem. Council members and citizens expressed concern about it. A proposed definition was submitted to council by a citizen. In response to a citizens question, one council member stated: "So I think youve got to understand that this is you being reasonable in trying to reduce the noise coming into your house, and I think that is the way this ordinance is written. Windows shut, etc., etc." There is nothing in the ordinance to support the view that the windows must be shut. Since some jurisdictions recognize that windows will sometimes be open, a plain reading of the ordinance allows the windows to be in a normal position.

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Time of DayThe ordinance divides the day into six periods:


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12 am 5 am 7 am 7 pm 10 pm 11 pm 12 am

All Silent Waste Collection begins All allowed activities begin Construction ends Waste Collection and Yard Maintenance end Sound Devices end All end

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Prohibited ActivitiesIf a situation is not listed in this section, it is not regulated under the noise ordinance. Some situations that fall within the scope of this section are specifically exempted by section 38-32. Some additional noise regulations are scattered through nine chapters of the city code. Because this is a criminal law, ambiguities should be resolved in favor of the defendant. Code of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. (a) It shall be unlawful for any person: (1) To use, operate or play between the hours of 7:00 a.m. and 11:00 p.m. any radio, phonograph, television, record, compact disc 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 (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 at public parks or recreation fields, sporting events, school-sponsored activities on school grounds, or duly authorized parades, public functions or commemorative events. Between the hours of 11:00 p.m. and 7:00 a.m., sound from such equipment shall not be plainly audible to any person other than the operator. (2) To allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible inside the confines of the dwelling unit, house or apartment of another person. (3) To allow any animal or bird to create noise such that it is plainly audible at least once a minute for 10 consecutive minutes (i) inside the confines of the dwelling unit, house or apartment of another; or (ii) at fifty (50) or more feet from the animal or bird. (4) 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


Prohibited Activities

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of sound, which is located within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. (5) To operate a motor vehicle including a motorcycle that creates mechanical or exhaust noise that is plainly audible at a distance of three hundred fifty (350) feet or more from the vehicle. (6) To sound or permit the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger. (7) To create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles. (8) To create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. (9) To create plainly audible noise in connection with the erection, including excavation, demolition, alteration, or repair of any building or improvement between the hours of 7:00 p.m. and 7:00 a.m., except for emergency repairs to rectify an unsafe condition. (10)To operate any chain saw, pile driver, mechanical shovel, pneumatic hammer, derrick, or mechanical hoist between the hours of 7:00 p.m. and 7:00 a.m., except for emergency repairs to rectify an unsafe condition.

7.1

12 am to 7 amCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(2). To allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible inside the confines of the dwelling unit, house or apartment of another person. This is one of the more outrageous provisions in the ordinance. Any noise that is not exempt is not allowed any place inside another dwelling unit. On a day when it would be normal to have windows open, a person positioned at any open window has a right to complete silence! Anyone who violates that right can be charged with a crime.


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The ordinance language is used in another jurisdiction to regulate sound only from a single situation: to allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible either inside the confines of the dwelling unit, house or apartment of another person or at fifty (50) or more feet when the noise is generated from a gathering of ten or more people. Chesterfield County The city's ordinance applies to all sources in all locations. This provision applies to normal conversation, doors opening and closing, doorbells, telephones, household appliances, etc. Perhaps the most serious impact of this provision is to put many or most HVAC units in violation! The financial impact to remedy the violation can be severe. As one council member stated, "And, they have two options. One, they can relocate the unit. Or, two, they can put acoustical baffle around the unit to reduce the noise." HVAC units normally need about two feet of clearance on all sides for best operation. Space limitations and the feasibility of soundproofing the unit may make relocation the only option. Even then, some sound dampening may be required. Whatever the cost, the neighbor can insist on silence.

7.2

AnimalsCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(3). To allow any animal or bird to create noise such that it is plainly audible at least once a minute for 10 consecutive minutes (i) inside the confines of the dwelling unit, house or apartment of another; or (ii) at fifty (50) or more feet from the animal or bird. A question here is how to interpret this section in light of Sec. 38-31(a)(2). To allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible inside the confines of the dwelling unit, house or apartment of another person. If possible, two sections of a law are to be read together in a harmonious manner. Also, when it is not clear which of two section applies, the more specific prevails over the more general. The objective is the discern the intent of the legislative body. Subsection (3) can be read in harmony with subsection (2) if the limitation on animal noise is in addition to the absolute limit on late-night noise. Subsection (2) is an absolute prohibition in a specific place during specific hours. Subsection (3) does not specifically apply to night time hours nor is it limited to the same location. It would seem inconsistent to ban all noise, no matter how slight or innocuous, and then, by mere implication, to carve out an exception for a controllable



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noise that, especially at night, is considered irritating to a significant portion of the community. The ordinance language omits part of the language used in another jurisdictions: It shall be unlawful to own, keep, possess or harbor any animal which howls, barks, meows, squawks or makes such other noise for more than ten consecutive or non-consecutive minutes in any 30-minute period of time, between the hours of 10:00 p.m. and 6:30 a.m. the following day, if throughout the ten-minute period, the noise generated by the animal is plainly audible (i) across real property boundaries, (ii) through partitions common to two dwelling units, or (iii) at a distance of 50 feet or more from the source of the noise. City of Chesapeake

7.3

ConstructionCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(9). To create plainly audible noise in connection with the erection, including excavation, demolition, alteration, or repair of any building or improvement between the hours of 7:00 p.m. and 7:00 a.m., except for emergency repairs to rectify an unsafe condition. Although a property occupant is allowed to operate equipment such as a lawn mower until 10:00 p.m. and to cut and hammer while building things such as a picnic table until 12:00 a.m., he is not allowed to do even quick and minor repairs on his home after 7:00 p.m. On the other hand, construction is allowed on weekends and holidays. City Council was aware of the problem. Council was given the following information by a citizen: This is too strict in part and too lenient in part. It omits provisions for work done by the owner, as well as restrictions for week-ends and holidays. City City of Alexandria: The erection (including excavation), demolition, alteration or repair, and any and all activity necessary or incidental thereto, of any building, except a dwelling house when the activity is being conducted by an owner or occupant or agent thereof and not for profit, any street, walk, railway, sewer, utility line or other construction other than between the hours listed in Table I except in case of urgent necessity in the interest of public health and safety or to restore and maintain public service and then only with a permit from the city manager,[terms of permits omitted].


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TABLE I Day Monday through Friday Saturday Sunday Holidays Prohibited Hours Before After 7:00 a.m. 6:00 p.m. 9:00 a.m. 6:00 p.m. All Hours All Hours

7.3.1

EquipmentCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(10). To operate any chain saw, pile driver, mechanical shovel, pneumatic hammer, derrick, or mechanical hoist between the hours of 7:00 p.m. and 7:00 a.m., except for emergency repairs to rectify an unsafe condition. This is an archaic provision that has been copied from one locality to another for 45 years or more. The original scope ("or other appliance, the use of which is attended by loud or unusual noise.") has been dropped. "Chain saw" is a more recent addition and creates an interpretation problem. Section 38-31(a)(8) allows tree maintenance and removal until 10:00 p.m.: Sec. 38-31(a)(8). To create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. If possible, two sections of a law are to be read together in a harmonious manner. Also, when it is not clear which of two section applies, the more specific prevails over the more general. The objective is the discern the intent of the legislative body. The two provisions can be read in harmony if the use of a chain saw to maintain or remove trees must stop at 7:00 p.m. and other tree maintenance and removal activities can continue until 10:00 p.m.

7.4

Sound DevicesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. 2010 C. Wayne Taylor


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Sec. 38-31(a)(1).To use, operate or play between the hours of 7:00 a.m. and 11:00 p.m. any radio, phonograph, television, record, compact disc 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 (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 at public parks or recreation fields, sporting events, school-sponsored activities on school grounds, or duly authorized parades, public functions or commemorative events. Between the hours of 11:00 p.m. and 7:00 a.m., sound from such equipment shall not be plainly audible to any person other than the operator. This is a strict provision and, in some situations, seems to bear little or no reasonable relation to a legitimate state interest. City Council was aware of the problem. There are a number of considerations: Location: The section applies city-wide to all activities that are not exempted. This includes commercial activities. "To use, operate or play": The prohibition applies only to the person(s) causing the noise. See, Definitions. "other machine or device": The prohibition applies to all devices used to produce or reproduce sound. Note: The prohibition does not apply to machines or devices that incidentally cause noise. Where a general phrase follows a specific list, it is normally taken to refer to other items of the same nature. This would be especially true in a criminal law. "plainly audible": See, Definitions. "inside the confines": See, Definitions. "except for devices permitted": This language was copied from the Chesterfield county ordinance adopted in 2009. Chesterfield copied the language from another municipality. The Chesterfield county ordinance does not contain an exemptions section. The intent of the language in Chesterfield appears to be to establish an exception, but is worded as a reference to a separate provision. The City of Richmond Code contains separate provisions for issuing park permits. The probable intent in the City of Richmond is that sound devices are not exempt unless a permit is issued that allows the device. It seems unlikely, for example, that a person at home would be strictly limited but a person immediately adjacent in a public park would not be limited.See,

Chapter 26 CITY-OWNED REAL ESTATE ARTICLE IX. USE OF PUBLIC GROUNDS, PARKS, PLAYFIELDS AND PLAYGROUNDS 2010 C. Wayne Taylor

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DIVISION 4. PARK PERMITS Sec. 26-481. Issuance or denial; general terms and conditions. 11:00 p.m. and 7:00 a.m.: This is one of the more outrageous provisions in the ordinance. City Council was aware of the problem. A citizen advised the council that the language was used in other jurisdictions to regulate sound from only one type of sound reproduction equipment and only one situation: Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:00 a.m. and 11:00 p.m. Between the hours of 11:00 p.m. and 7:00 a. m., sound from such equipment shall not be plainly audible to any person other than the operator.City of Williamsburg. The City of Richmond provision applies to all sound devices in all locations. Not only does it apply between parcels, it applies within a parcel, within a building, within a dwelling unit, and within a room! Thirteen days prior to council's adoption of the ordinance, Style Weekly published an article questioning this and other provisions . (Audibly Illegal? 2/9/2010)

7.5

VehiclesFour of the ten prohibitions relate to vehicle noise.

7.5.1

OperationCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(5). To operate a motor vehicle including a motorcycle that creates mechanical or exhaust noise that is plainly audible at a distance of three hundred fifty (350) feet or more from the vehicle. Normal operation of many trucks and buses will exceed this limit and be in violation unless an exemption is added. This section will be difficult to enforce because of the difficulty of apprehending the operator or proving beyond a reasonable doubt that the noise was audible at 350 feet. City Council was aware of the problem. The ordinance seeks to regulate conduct by addressing the noise rather than directly prohibiting the conduct. A citizen provided council with a provision used in other Virginia municipalities: Sound produced by: (i) the absence of a muffler and exhaust system conforming to Virginia 2010 C. Wayne Taylor


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Code 46.2-1047 and 46.2-1049 on a motor vehicle or a motorcycle; or (ii) jackrabbit starts, spinning tires, racing engines, or other similar acts in a motor vehicle or on a motorcycle. The original version of Sec. 38-31(a)(5) specified a distance of 200 feet or more. The police department requested that the distance be increased to 350 feet for motorcycles. The revised text mistakenly increased the distance for all motor vehicles. City Council was aware of the error but did not correct it.

7.5.2

Signal DevicesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(6). To sound or permit the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property, except as a warning of danger.

7.5.3

Sound DevicesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(4). 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 a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. This is the same standard that was in the prior law.

7.5.4

Waste CollectionCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(7). To create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles. The hours are exceptionally lenient and the sound level limit is strict.


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City Council was aware of the problem. A citizen suggested that the provision prohibit "plainly audible noise inside the confines of a dwelling unit, house or apartment with doors to the receiving area closed and windows closed, between 9:30 p.m. and 6:30 a.m." A search of a random sample of city and town codes resulted in an average standard of 9:36 p.m. to 6:39 a.m.: Town of Blacksburg City of Chesapeake City of Danville City of Franklin Town of Herndon City of Manassas Park City of Norfolk Town of Pulaski Town of Purcelleville City of Radford 10 p.m. and 6 a.m. 10 p.m. and 6:30 a.m. 10 p.m. and 6 a.m. 9 p.m. and 7 a.m. 9 p.m. and 6 a.m. 9 p.m. and 7 a.m. 10 p.m. and 7 a.m. 10 p.m. and 7 a.m. 9 p.m. and 7 a.m. 10 p.m. and 7 a.m.

7.6

Yard MaintenanceCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(a)(8). To create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. Tree removal until 10:00 p.m. allows very high noises levels well into the evening. "Removal" frequently includes the use of debris chippers and stump grinders. See, discussion at Construction - Equipment for restrictions on chain saws.

8

Exempt ActivitiesIf a situation is listed in this section, it is not regulated under Section 38-31. Because this is a criminal law, ambiguities should be resolved in favor of the defendant. Code of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions.


Exempt Activities

21

Section 38-31 of this Code shall have no application to any sound generated by any of the following: (1) Public speaking and public assembly activities conducted on any public right-of way or public property provided, however, that the terms of any special events permit issued under Article X, Chapter 102 of the City Code regarding assemblies, permits and parades shall apply. (2) Religious services, religious events, or religious activities or expressions, including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression. (3) Activities on or in school athletic facilities, or on or in publicly owned property and facilities. (4) Radios, loud speakers, sirens, horns, and bells on [sic] other noise caused by police, fire, or other emergency response vehicles. (5) Motor vehicle alarms or other motor vehicle security devices. (6) Parades, fireworks displays, school-related activities, and other such public special events or public activities; subject, however, to the terms of any permit issued under Article V, Chapter 46.1 of the City Code regarding fireworks and pyrotechnics permits or under Article X, Chapter 102 of the City Code regarding assemblies, demonstrations and parades shall apply. (7) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn off the alarm. (8) Locomotives and other railroad equipment, and aircraft.

8.1

AlarmsCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(7). Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn off the alarm.

Like many of the provisions in the City of Richmond ordinance, this one is found in the City of


22


Williamsburg code. Other municipalities set time limits. See Vehicles - Vehicle Alarms. The city council was advised by a citizen that other provisions in the city code should have been repealed or revised: Chapter 34 EMERGENCY SERVICES ARTICLE III. FIRE AND BURGLAR ALARM SYSTEMS Sec. 34-67. Duties of alarm system owners and users. (b) Each owner or user of an alarm system in an occupied building which protects real property shall, if such alarm system upon activation emits an audible signal that is sufficiently loud enough to be heard by and disturb any other person, be responsible for silencing such audible signal within 15 minutes of being notified of such signals activation. (c) Any person responsible for the care and management of any unoccupied building, including a temporary period of vacancy, that is protected by an alarm system which emits an audible signal shall silence such audible signal within 20 minutes of being notified of such signals activation. Chapter 46.1 FIRE PREVENTION AND PROTECTION ARTICLE V. FIRE PREVENTION CODE DIVISION 4. FIRE ALARM AND FIRE PROTECTION SYSTEMS Sec. 46.1-68. Duties of alarm system owners and users. (b) Upon activation of an alarm in an occupied building which emits an audible signal that is sufficiently loud enough to be heard by and disturb any other person, a person responsible for that alarm system shall silence such audible signal within 15 minutes of being notified of such signals activation. class one misdemeanor. (c) A person responsible for any unoccupied building, including a temporary period of vacancy, that is protected by an alarm system which emits an audible signal shall silence such audible signal within 20 minutes of being notified of such signals activation . class one misdemeanor.

8.2

ActivitiesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(3) Activities on or in school athletic facilities, or on or in publicly owned property and facilities.


Exempt Activities

23

This is an exceptionally broad exemption. Not only does it exempt all activities on public or private school athletic facilities, it exempts all activities on public property! Recall that this is a criminal law and should be construed in favor of the defendant. Like many of the provisions in the City of Richmond ordinance, a similar one is found in the City of Williamsburg code: Activities on or in municipal, county, state, United States, or school athletic facilities, or on or in publicly owned property and facilities. One Virginia municipality uses a modified version that restores sensibility to the language: Officially sponsored activities on or in municipal, county, state, United States, or school athletic facilities, or on or in publicly owned property and facilities. Bedford County

8.2.1

Public Events & ActivitiesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(6). Parades, fireworks displays, school-related activities, and other such public special events or public activities; subject, however, to the terms of any permit issued under Article V, Chapter 46.1 of the City Code regarding fireworks and pyrotechnics permits or under Article X, Chapter 102 of the City Code regarding assemblies, demonstrations and parades shall apply.

8.3

Protect ActsSome municipalities include a simple provision to exempt constitutionally protected activities: [Exempt.] Sound produced by any lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression: provided that the sound is not prohibited by [this ordinance]. Albemarle County.

8.3.1

Assembly and SpeechCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(1) Public speaking and public assembly activities conducted on any public right-of way or public property provided, however, that the terms of any special events permit issued


24


under Article X, Chapter 102 of the City Code regarding assemblies, permits and parades shall apply.

8.3.2

ReligionCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(2). Religious services, religious events, or religious activities or expressions, including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression. This exemption is more lenient than those found in some other Virginia municipalities. By inclusion of the word "expressions", it appears to exempt all conceivable types of religious activity. It specifically does not limit the use of any type of device. Nor, does it limit the times when the activity may occur. For example, under this exemption, it seems that an individual may not be prohibited from playing loud "religious" music all night in an apartment dwelling.

8.48.4.1

VehiclesGenerallyCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(8). Locomotives and other railroad equipment, and aircraft. There is a major oversight here. Normal motor vehicle operation should be exempt. As the ordinance stand now, motor vehicles, including heavy trucks and buses, are subject to the prohibitions in Sec. 38-31(a)(5). City Council was aware of the problem.

8.4.2

AlarmsCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions. Sec. 38-32(5) Motor vehicle alarms or other motor vehicle security devices.


Exempt Activities

25

This language is copied from the Chesterfield county ordinance and is extremely lenient. Other municipalities set time limits: Sounding or permitting the continuous or intermittent sounding outdoors of any emergency signaling device, or any security, burglar or fire alarm, siren, whistle, or similar device, including without limitation any motor vehicle security alarm, siren, whistle, or similar device, for a period in excess of ten minutes in any residential area and 15 minutes in any other area, except in response to a burglary, attempted burglary, fire, or other emergency City of Emporior, City of Virginia Beach. The sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm that continues for more than 15 minutes from activation, unless an emergency exists. Town of Dumfries, City of Fredericksburg.

8.4.3

Emergency VehiclesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-32. Exceptions.

Radios, loud speakers, sirens, horns, and bells on [sic] other noise caused by police, fire, or other emergency response vehicles.Sec. 38-32(4)

This seems to exempt emergency response vehicles whether or not the vehicle is responding to an emergency. Recall that this is a criminal law and should be construed in favor of the defendant. Other municipalities specify when the vehicle is exempt: Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. City of Poquoson ...emergency vehicle responding to an emergency situation or used to summon the members of any fire or rescue squad. City of Salem

9

PenaltiesCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 38-31. Excessive noise prohibited. Sec. 38-31(b) Any person convicted of a violation of this section shall be guilty of a class 2 misdemeanor.


26


This is the same as the prior law.Code of the City of Richmond, Virginia Chapter 1 GENERAL PROVISIONS

Sec. 1-16. General penalty; continuing violations. (a) Whenever in this Code or in any ordinance of the city or rule or regulation promulgated by an officer, board or commission or agency thereof, under authority vested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, the violation of any such provision of the Code, ordinance, rule or regulation shall be punished as follows, except as otherwise provided in subsection (b) of this section: (1) Whenever an act or offense, or the failure to do any act, is declared to be a class 1 misdemeanor, such act or offense shall be punished by a fine of not more than $2,500.00 or confinement in jail for not more than 12 months or both such fine and imprisonment. (2) Whenever an act or offense, or the failure to do any act, is declared to be a class 2 misdemeanor, such act or offense shall be punished by a fine of not more than $1,000.00 or confinement in jail for not more than six months or both such fine and imprisonment. (3) Whenever an act or offense, or the failure to do any act, is declared to be a class 3 misdemeanor, such act or offense shall be punished by a fine of not more than $500.00. (4) Whenever an act or offense, or the failure to do any act, is declared to be a class 4 misdemeanor, such act or offense shall be punished by a fine of not more than $250.00.

10

EnforcementThe ordinance does not include a reference to enforcement responsibility. Chapter 2 of the city code provides: Code of the City of Richmond, Virginia Chapter 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2. DEPARTMENT OF POLICE Sec. 2-271. Created; responsibilities; powers and duties. (a) There shall be a department of police which shall be responsible for the following: (1) Preservation of the public peace. (2) Prevention of crime. (3) Apprehension of criminals. (4) Protection of the rights of persons and property. (5) Enforcement of the laws of the commonwealth, the ordinances of the city and all rules and regulations made in accordance therewith. 2010 C. Wayne Taylor

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(6) Administration and operation of the emergency communications center for the city. (b) The department of police shall be organized as may be provided by ordinance. It shall be headed by the chief of police. The chief of police and the other members of the police force of the city shall have all the powers and duties of police officers as provided by the general laws of the commonwealth.

11

Separate OffencesThe ordinance does not include a provision for separate offenses. Chapter 1 of the city code provides: Code of the City of Richmond, Virginia Chapter 1 GENERAL PROVISIONS Sec. 1-16. General penalty; continuing violations. (c) Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.

12

SeverabilityThe ordinance does not include a reference to severability. Chapter 1 a of the city code provides: Code of the City of Richmond, Virginia Chapter 1 GENERAL PROVISIONS Sec. 1-7. Severability of parts of Code. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

13

Other SectionsThe City of Richmond code contains noise related provisions in nine other chapters. Some of these are subjective and now unenforceable. Some pertain the the same subjects regulated in the new noise ordinance and; some of these may conflict with the new ordinance.


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13.1

Chapter 10Chapter 10 ANIMALS ARTICLE I. IN GENERAL Sec. 10-1. Definitions. Public nuisance means any dog or cat which: (6) Barks, whines, howls, or makes other annoying noises in an excessive, continuous, or untimely fashion. ARTICLE III. DOGS AND CATS DIVISION 3. CONTROL REGULATIONS Sec. 10-173. Care and control. (a) No owner shall fail to exercise proper care and control of a dog or cat to prevent it from becoming a public nuisance.

13.2

Chapter 18Chapter 18 BUSINESSES AND BUSINESS REGULATIONS* ARTICLE IX. PEDDLERS Sec. 18-485. Making noise near certain buildings. It shall be unlawful for a peddler to cry goods, wares or merchandise within 300 feet of any hospital, building used for school purposes, or building used for religious worship when services are being conducted therein.

13.3

Chapter 26Chapter 26 CITY-OWNED REAL ESTATE ARTICLE IX. USE OF PUBLIC GROUNDS, PARKS, PLAYFIELDS AND PLAYGROUNDS* DIVISION 1. GENERALLY Sec. 26-381. Disruptive conduct or obstruction of activities or programs. It shall be unlawful for any person to behave in such disruptive manner upon any playground, recreation area or recreation facility operated or conducted by the city so as to impede, obstruct or interfere, by use of verbal or physical threat, intimidation, loud noise, or obscene conduct, with any other persons engaged or participating in any recreation activity or program conducted thereon or with the efforts or functions of any representative of the city in conducting or supervising the conduct of such activity or program. DIVISION 4. PARK PERMITS Sec. 26-481. Issuance or denial; general terms and conditions. (a) The director of parks, recreation and community facilities is authorized to issue permits for 2010 C. Wayne Taylor

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the exclusive use of any city park or portion thereof, any park house or park facility, any playground, any recreation center, or any public open space, subject to the following general terms and conditions: (5) Permits may contain reasonable restrictions to protect the physical integrity of city parks and equipment; to protect against disorderly or disruptive conduct or excessive noise which may adversely affect any nearby neighborhood; and to ensure the public safety, welfare, and interest. Such restrictions may include the requirement that off-duty police be hired to maintain security and order.

13.4

Chapter 34Chapter 34 EMERGENCY SERVICES ARTICLE III. FIRE AND BURGLAR ALARM SYSTEMS Sec. 34-67. Duties of alarm system owners and users. (a) Each owner or user of an alarm system which protects real property located within the city and is capable of causing notice of the alarm activation to be given to the department of police, the department of fire and emergency services or the division of emergency communications shall furnish to the chief of police or the chief of fire and emergency services, as applicable, a list of persons who may be notified to respond to a request by the department of police or the department of fire and emergency services, as applicable, for the deactivation of such alarm system within a reasonable time after such alarm may have been activated. The list to be furnished to the chief of police or the chief of fire and emergency services, as applicable, shall include the names of persons to be notified, their home addresses and telephone numbers. The chief of police or the chief of fire and emergency services, as applicable, shall be notified immediately of any changes in the names, addresses or telephone numbers of the persons to be notified for such deactivation. Any person contacted by the department of police or the department of fire and emergency services, as applicable, for the purpose of deactivating an alarm system shall report to the site of the alarm system within a reasonable time and shall immediately deactivate the alarm system. (b) Each owner or user of an alarm system in an occupied building which protects real property located within the city and is capable of causing notice of the alarm activation to be given to the department of police, the department of fire and emergency services or the division of emergency communications shall be responsible for maintaining such alarm system in proper working order and shall, if such alarm system upon activation emits an audible signal that is sufficiently loud enough to be heard by and disturb any other person, be responsible for silencing such audible signal within 15 minutes of being notified of such signals activation. (c) Any person responsible for the care and management of any unoccupied building, including a temporary period of vacancy, that is protected by an alarm system which emits an audible signal or which results in the department of police, department of fire and emergency services or division of emergency communications being notified of the signal


30


activation shall maintain such alarm system in proper working order and shall silence such audible signal within 20 minutes of being notified of such signals activation. Sec. 34-68. Deliberate false alarms. (a) Any person who intentionally or deliberately and without just cause activates an alarm system in a nonemergency situation and by such action causes an emergency response to be made by the department of police or by the department of fire and emergency services, either or both, shall be deemed guilty of a class 1 misdemeanor. (b) Nothing contained in subsection (a) of this section shall apply to the periodic testing of alarm systems after giving notice of such testing to the division of emergency communications.

13.5

Chapter 38Chapter 38 ENVIRONMENT ARTICLE I. DIVISION 2. SOUND TRUCKS AND SOUND AMPLIFYING EQUIPMENT Sec. 38-56. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Sound amplifying equipment means any machine or device for the amplification of the human voice, music or any other sound. However, such term shall not be construed to include such machine or device when used exclusively for and heard primarily by occupants of buildings or vehicles in which they are installed and operated and warning devices on authorized emergency vehicles and horns or other warning devices on other vehicles used only for traffic safety purposes. Sound truck means any motor vehicle, horse-drawn vehicle or airplane having mounted thereon or attached thereto any sound amplifying equipment. Sec. 38-57. Restrictions on operation generally. (a) No person shall operate or cause to be operated any sound truck for commercial sound advertising purposes or for any purposes connected with commercial advertising or incident thereto in the city with sound amplifying equipment in operation. (b) No person shall operate or cause to be operated any sound amplifying equipment for commercial sound advertising purposes or for any purposes connected with commercial advertising or incident thereto in the city so that the amplification of the human voice, music or any other sound emitted therefrom for such purposes is audible on or in any street, alley, road, park, playground or any other public way or place. However, the use of sound amplifying equipment where the music or speech amplified pertains exclusively to religious 2010 C. Wayne Taylor

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subjects or other subjects of general educational interest to the public shall be deemed to be a noncommercial use of sound amplifying equipment and subject only to the regulations prescribed by section 38-58. Sec. 38-58. Noncommercial use. Noncommercial use of sound amplifying equipment and sound trucks in the city shall be subject to the following regulations: (1) The only sounds permitted are music or human speech. (2) The operation of sound trucks is permitted between the hours of 10:00 a.m. and 4:30 p.m., and the operation of stationary sound amplifying equipment is permitted between the hours of 10:00 a.m. and 11:00 p.m. (3) The human speech and music amplified shall not be slanderous. (4) The volume of sound shall be controlled so that it will not be audible above the level of conversation speech at a distance in excess of 200 feet from the property on which the amplified sound originates. Sec. 38-59. Exceptions. This division shall not apply to the operation of sound amplifying equipment at sporting or athletic exhibitions, entertainments, performances, religious gatherings or other public gatherings. Sec. 38-60. Licenses. Nothing contained in this division shall be construed to relieve any person operating or causing a sound truck to be operated in the city of obtaining the license and paying the license tax prescribed by section 98-701.

13.6

Chapter 46.1Chapter 46.1 FIRE PREVENTION AND PROTECTION ARTICLE V. FIRE PREVENTION CODE DIVISION 4. FIRE ALARM AND FIRE PROTECTION SYSTEMS Sec. 46.1-68. Duties of alarm system owners and users. Each owner or user of a fire protection system, which protects real property located within the city and is capable of causing notice of the alarm activation to be given to the department of fire and emergency services shall be responsible for maintaining such alarm system in proper working order, including the following: (a) Maintaining current information for the alarm monitoring company or the citys division of emergency communications to contact one of at least three persons capable of quickly arranging for proper maintenance of that fire protection system.


32


(b) Upon activation of an alarm in an occupied building which emits an audible signal that is sufficiently loud enough to be heard by and disturb any other person, a person responsible for that alarm system shall silence such audible signal within 15 minutes of being notified of such signals activation. Failure to respond to the property in the prescribed time frame shall be a violation of this city ordinance and shall be punishable as a class one misdemeanor. (c) A person responsible for the care and management of any unoccupied building, including a temporary period of vacancy, that is protected by an alarm system which emits an audible signal or which results in the department of fire and emergency services being notified of the signal activation shall silence such audible signal within 20 minutes of being notified of such signals activation and coordinate restoring that fire protection to normal with the fire code official. Failure to respond to the property in the prescribed time frame shall be a violation of this city ordinance and shall be punishable as a class one misdemeanor.

13.7

Chapter 110Chapter 110 VEHICLES FOR HIREARTICLE III. INTRAURBAN BUSES Sec. 110-134. Prohibited conduct of passengers. (a) It shall be unlawful for any passenger, while aboard any vehicle operating under this article, to: (2) Play any radio, tape recorder or other similar instrument, except when such instrument is connected to an earphone or similar device that limits the sound to the individual user; (b) Any passenger who engages in any such act shall, upon conviction, be guilty of a class 3 misdemeanor and shall also forfeit any right to remain in the vehicle. The driver of the vehicle shall have the right to order such passenger to leave the vehicle. Any passenger who refuses to leave upon being so ordered shall, upon conviction, be guilty of trespass, a class 1 misdemeanor.

13.8

Chapter 114Chapter 114 ZONING ARTICLE IV. DISTRICT REGULATIONS DIVISION 10.1. R-63 MULTIFAMILY URBAN RESIDENTIAL DISTRICT Sec. 114-419.1. Intent of district. Pursuant to the general purposes of this chapter, the intent of the R-63 district is to encourage development of medium density neighborhoods comprised of a mix of residential uses and to promote a pedestrian oriented urban environment that is primarily residential in character, but that includes limited nonresidential uses that serve many of the day-to-day convenience 2010 C. Wayne Taylor

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needs of neighborhood residents and provide opportunities for residents to live and work within the neighborhood. The district is intended to be applied within or in close proximity to areas of the city that reflect an urban scale of development and afford convenient access to major employment centers and community facilities, and to encompass undeveloped or underdeveloped properties comprising areas large enough and with sufficient residential density to enable establishment of a cohesive neighborhood. The district regulations permit corner commercial uses that are limited in location, type and scale and are intended to provide for the convenience of neighborhood residents within walking distance, to respect the primary residential character of the neighborhood and to avoid traffic, parking, noise and other impacts that typically result from uses that draw patrons from outside a neighborhood. The district regulations are also intended to promote a streetscape that is urban in character by requiring minimal building setbacks uninterrupted by parking areas along principal street frontages, and to enhance public safety and encourage an active pedestrian environment appropriate to the residential character of the district by providing for windows in building facades along street frontages. Finally, the district regulations are intended to assure adequate accessible parking, safe vehicular and pedestrian circulation, and to provide for limited interruption by driveways and vehicular traffic across public sidewalk areas along principal street frontages. Sec. 114-419.2. Permitted principal uses. The following uses of buildings and premises shall be permitted in the R-63 district: (6) Live/work units, provided that: d. There shall be no process or activity conducted or equipment operated in conjunction with the nondwelling activity that generates any noise, vibration, odor, smoke, fumes, glare or electrical interference discernable to the normal senses outside of the live/work unit. The use and/or storage of hazardous materials of such type or in such quantities not normally permitted in a residential structure shall be prohibited. DIVISION 21. B-3 GENERAL BUSINESS DISTRICT Sec. 114-438.1. Permitted principal and accessory uses. The following uses of buildings and premises shall be permitted in the B-3 district, provided that no use which includes a drive-up facility shall be located on a transitional site. (23) Laboratories and research facilities which are not any more objectional due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises; (43) Recreation uses, outdoor, including golf courses, par three and miniature golf courses, driving ranges, putting greens, temporary carnivals and similar amusement facilities, but not including shooting ranges; provided that: b. Such use shall be so located, designed and operated that noise from equipment, machinery or loudspeaker systems is not audible from nearby properties in R or RO districts; 2010 C. Wayne Taylor

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DIVISION 22. B-4 CENTRAL BUSINESS DISTRICT Sec. 114-440.1. Permitted principal and accessory uses. The following uses of buildings and premises shall be permitted in the B-4 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district unless specifically set forth in this section. (19) Laboratories and research facilities which are not any more objectional due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises; DIVISION 29. M-2 HEAVY INDUSTRIAL DISTRICT Sec. 114-454.3. Uses constituting nuisances. No building or premises shall be used for any purpose permitted in the M-2 heavy industrial district in such a manner as to constitute a nuisance by the creation of unreasonably loud and disturbing sound or noise; unreasonable vibrations; unreasonable danger from explosion or fire; or the unreasonable emission of smoke, odor, dust, heat or glare. ARTICLE VI. SUPPLEMENTAL REGULATIONS DIVISION 11. WIRELESS TELECOMMUNICATIONS FACILITIES, MICROWAVE RELAY STATIONS, AND RADIO AND TELEVISION BROADCAST ANTENNAS Sec. 114-692.2. Standards applicable to all facilities and antennas. (a) In addition to meeting minimum submission requirements for plan of development and building permit applications, requests for approval for wireless communications facilities shall include the following: (3) Plans required for applications shall also clearly depict the following: e. The location, type of equipment, noise suppression measures and operational procedure for any emergency power supply. DIVISION 12. HOME OCCUPATIONS Sec. 114-694.1. Home occupation regulations. The following provisions shall apply to home occupations in all districts in which they are permitted by the use of regulations set forth in this chapter. (8) Performance. There shall be no process or activity conducted or equipment operated that generates any noise, vibration, odor, smoke, fumes, glare or electrical interference discernable to the normal senses beyond the lot lines of the property on which the home occupation is conducted. In the case of a home occupation conducted in a dwelling unit other than a single-family detached dwelling, such impacts shall not be discernable to the normal senses outside of the dwelling unit. The use or storage or both of hazardous materials of such type or in such quantities not normally permitted in a residential 2010 C. Wayne Taylor

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structure shall be prohibited. ARTICLE VIII. NONCONFORMING USES AND FEATURES DIVISION 1. NONCONFORMING USES Sec. 114-800.3. Changes. (a) A nonconforming use may be changed to a use conforming to the regulations applicable in the district in which it is located or to a use, as determined by the zoning administrator, which meets all of the following criteria: (3) The use does not characteristically have a greater number of employees or a greater amount of traffic, noise, smoke or odor than the nonconforming use. ARTICLE X. ADMINISTRATION AND ENFORCEMENT DIVISION 5. APPEALS, VARIANCES AND EXCEPTIONS Sec. 114-1040.3. Additional exceptions granted by the board of zoning appeals. (11) Height of fences and walls in street side yards and certain front yards. Fences and walls not exceeding eight feet in height when located within a required street side yard on a corner lot or within a required front yard along the longer street frontage of a corner lot. For purposes of this subsection, the height of a fence or wall shall be measured from the ground level at the base of the fence or wall, and shall include the height of posts, columns, gates and ornamentation. Fences and walls of such height shall be permitted, provided the board shall be satisfied that: b. The applicant has demonstrated that the proposed height of the fence or wall is reasonably necessary to provide security for the property and/or to provide a buffer from noise and activity on the adjacent street. Intent statement: In many neighborhoods in the city, corner properties are situated at intersections where the street along the side of the property carries volumes of traffic or generates traffic noise that is disruptive to and not conducive to dwelling use of the property or to the use and enjoyment of the rear yard area of the lot. In addition, such corner properties are sometimes in need of enhanced security measures for the property in general and the rear yard area in particular. It is often desirable in such situations to permit greater height of fences and walls than normally permitted by the zoning regulations in order to provide a more effective buffer from the street and/or greater security for the property as means to promote dwelling use and enjoyment of the property.

14

Not AddressedSome activities that are normally regulated in urban area noise ordinances are missing from or not adequately addressed in the City of Richmond noise ordinance.


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14.1

AnnouncerDefinition. Announcer: A sound device used to signal presence, time, telephone calls, or similar condition to persons on the premises. Sample addition: [It shall be unlawful for any person:] To create sound from an announcer that is audible in a residential zoning district beyond 50 feet. Announcers shall be subject to section 3831 (a)(2).

14.2

Electricity GeneratorsSample addition: [It shall be unlawful for any person:] To create sound from electricity generators that is audible in a residential zoning district beyond 200 feet. Electricity generators may only be used during a power failure or incidental to construction permitted in this Article. Other more restrictive hours of operation provisions in this Article shall not apply during a power failure. An emergency generator may be tested between 9 a.m. and 5 p.m. once per week for a period not to exceed 5 minutes.

14.3

HVAC EquipmentSample addition: [It shall be unlawful for any person:] To create sound from heating, ventilating, and air conditioning equipment that is audible in a residential zoning district beyond 50feet. Other more restrictive provisions in this Article shall not apply.

14.4

CraftingDefinition. Crafting: Working with hand tools, power tools, or other equipment to destroy, dismantle, make, manufacture, modify, repair, refurbish or perform similar work on materials or personal property. Sample addition: [It shall be unlawful for any person:] To create sound from crafting between the hours of 6 p.m. and 8 a.m.; and to create sound from crafting between the hours of 8 a.m. and 6 p. m. that is audible in a residential zoning district beyond 200 feet, provided that sound from crafting during this period may be audible in a residential zoning district up to 400 feet during a period of 60 consecutive minutes per day. This sub-section shall not restrict activity allowed under sub-section 38-31 (a)(9).

14.5

SpeechDefinition. Speech: Any sound made by human voice, including crying, laughing, shouting, singing, talking, whistling, yelling, or similar acts. Sample addition: [It shall be unlawful for any person:] To create sound from speech that is audible in a residential zoning district beyond the distance from the source as provided in Table I: 2010 C. Wayne Taylor

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TABLE I Day Time 7am - 6pm 6pm 10pm 10pm - 11pm 11pm 7am 50 50

Sunday thru Thursday 200 100 50 Friday and Saturday 200 200 100 Other more restrictive provisions in this Article shall not apply.

14.6

Non-Residential District SourceSample addition: [It shall be unlawful for any person:] To create sound in a residential zoning district from activity in a non-residential zoning district when: a. The activity is located 200 feet or less from the residential zoning district; and b. The activity is not a temporary presence lasting 30 days or less; and c. The sound is audible inside the confines of a residential zoning district dwelling unit, house or apartment, with doors to the receiving area closed and windows closed, for any part of 30 consecutive or non-consecutive minutes; or d. as provided otherwise in this Article. The lack of residential protection from noise on adjoining non-residential properties is one of the more outrageous omissions in the ordinance. The proposed ordinance has no day-time noise restrictions on business operations except for the operation of sound reproduction devices. Day-time noise from equipment and human activity is unrestricted regardless of volume or duration. The former ordinance required all districts to control noise: Noise of such character, intensity and duration as to be detrimental to the life or health of any person or to unreasonably disturb the quiet, comfort or repose of any person is hereby prohibited. City of Richmond, Section Sec. 38-32(a) The citys comprehensive plan, adopted by city council, provides that residential areas are to be protected: The citywide strategy for Richmond's neighborhoods and housing is based on a philosophy of protection and enhancement. The strategy includes the recognition that Richmond's neighborhoods are the heart of the City and must be protected from inappropriate uses and influences. City of Richmond Master Plan, Chapter 4.


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Repealed TextCode of the City of Richmond, Virginia Chapter 38 ENVIRONMENT ARTICLE II. NOISE DIVISION 1. GENERALLY Sec.38-31. Enumeration of acts declared loud and disturbing noise; emergency exceptions. (a) The following acts, among others, are declared to be loud and disturbing noises in violation of this article, but such enumeration shall not be deemed to be exclusive: (1) Horns and other signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal lf another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unreasonable period of time. (2) Radius, phonographs, etc. The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 12:00 midnight and 7:00 a.m., as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. (3) Keeping o/ animals or birds. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity to such an extent as shall constitute a nuisance. (4) Operation of vehicles. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create loud and disturbing grating, grinding, rattling or other noises. (5) Blowing of steam whistles. The blowing of any steam 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) Discharge into open air of exhaust of engines. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (7) Adjacent to schools institutions hospitals, courts. The creation of any 2010 C. Wayne Taylor

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excessive noise on any street adjacent to any school, institution of learning, or court while such is in session or adjacent to any hospital which unreasonably interferes with the workings of such institution or which disturbs patients in the hospital, provided conspicuous signs are displayed in any such street indicating that the street is a school, hospital or court street. (8) Loading and unloading vehicles; opening and destruction of bales, boxes, crates etc. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (9) Showing and crying of peddlers, hawkers and vendors The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (10) Use of drums, loudspeakers, etc. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise. (11) Amplified sound from vehicles. The playing, use or operation or the permitting of the playing, use or operation of any radio, tape player, loudspeaker or other electronic device used for the amplification of sound, which is located within a motor vehicle and which is audible from outside the motor vehicle at a distance of 50 feet or more. (b) No section of this article shall apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. Sec. 38-32. Creation of loud and disturbing noise.

(a) It shall be unlawful to create or to assist in creating any unreasonably loud and disturbing noise in the city. Noise of such character, intensity and duration as to be detrimental to the life or health of any person or to unreasonably disturb the quiet, comfort or repose of and person is hereby prohibited. (b) Any person who violates this section shall be deemed to be guilty of a class 2 misdemeanor. (c) Each day of violation of this section shall constitute a separate offense.

(d) The person operating or controlling a sound source shall be guilty of any violation caused by that source. If that source cannot be determined, any owner, tenant or


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resident physically present on the property where the violation is occurring is rebuttably presumed to be guilty ol'the violation. Chapter 102 TRAFFIC AND VEHICLES ARTICLE II. MISCELLANEOUS OFFENSES Sec. 102-44. Unnecessary noise in operation of motor vehicles. (a) No vehicle shall be loaded with materials likely to create loud noises by striking together, without using every reasonable effort to deaden the noise. (b) The use in, upon or attached to any motor vehicle operating on any city street