Chapter 13.5  NOISE*


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*Editor's note:  Ord. No. 88-3, adopted June 7, 1988, amended the Code by adding provisions designated as Ch. 20, 20-1--20-5. In order to maintain the alphabetical sequence of chapters, said provisions have been included herein as Ch. 13.5, 13.5-1--13.5-5, at the discretion of the editor. 

Cross references:  Animals and fowl, Ch. 4; nuisances, Ch. 14. 


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13.5-1.  Violations of chapter.

13.5-2.  General prohibitions.

13.5-3.  Specific prohibitions.

13.5-4.  Exemptions.

13.5-5.  Severability; private nuisance actions preserved; enforceability.


Sec. 13.5-1.  Violations of chapter.

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.

(Ord. No. 88-3, 6-7-88)


Sec. 13.5-2.  General prohibitions.

The creation of any unreasonably loud, disturbing and unnecessary noise in the county is prohibited. Noise as hereinafter defined, of such character, intensity and duration as to be detrimental to the health, safety or general welfare of any individual is prohibited.

(Ord. No. 88-3, 6-7-88)


Sec. 13.5-3.  Specific prohibitions.

(a)   Noise near schools, hospitals, etc.  The creation of any excessive noise on any street adjacent to any school, institution of learning, library, hospital or sanitarium, or any court while the same is in session, which unreasonably interferes with the working or activities of such place. 

(b)   Noisy animals.  Owning, keeping, possessing or harboring any animal or animals which frequently or habitually howl, bark, meow, squawk or make such other noise as is plainly audible across property boundaries or through partitions common to two (2) persons within a building. 

(c)   Loud parties, playing of radios, musical instruments, etc. 

(1)   Operating or permitting the use, or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound between the hours of 10:00 p.m. and 7:00 a.m. the following day, except Friday and Saturday evenings, when the hours of noise limitation shall be 11:00 p.m. to 7:00 a.m. the following day in such a manner as to be plainly audible across property boundaries or through partitions common to two (2) persons within a building or plainly audible at fifty (50) feet from such device when operated within a motor vehicle parked on a public right-of-way or in a public place.

(2)   The conducting of any loud party, between the hours of 10:00 p.m. and 7:00 a.m., except Friday and Saturday evenings, when the hours of noise limitation shall be 11:00 p.m. to 7:00 a.m. the following day, with or without radios, musical instruments or stereos in such a manner as to be plainly audible across property boundaries or through partitions common to two (2) persons within a building or plainly audible at fifty (50) feet from such device.

(d)   Engine braking.  The creation of any unreasonably loud, disturbing or unnecessary noise caused by the application of engine brakes by any driver of a motor vehicle and is not as of a result a bona fide emergency occurrence necessitating the application of an engine brake. Any violation of this subsection shall constitute a Class 1 misdemeanor, which misdemeanor is punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) or confinement in jail for not more than twelve (12) months, or both. 

(e)   The collection of trash or refuse in residential use districts between the hours of 10 p.m. and 5 a.m. the following day.

(Ord. No. 88-3, 6-7-88; Ord. No. 02-07, 10-21-02; Ord. No. 09-___._ -__-09)


Sec. 13.5-4.  Exemptions.

The following activities shall be exempt from the provisions of this chapter:

(1)   Animal shelters or kennels which were in existence as of the date of adoption of this chapter.

(2)   Sporting events operated and conducted under the auspices of an official organization such as a hunt club, civic organization, high school.

(3)   Agricultural activities.

(4)   Automobile races at commercial facilities before 10:00 p.m., except Friday and Saturday evenings, which will be before 11:00 p.m.

(Ord. No. 88-3, 6-7-88)


Sec. 13.5-5.  Severability; private nuisance actions preserved; enforceability.

(a)   In the event that any portion of this chapter is declared unconstitutional, invalid, or unenforceable for any reason, such declaration shall not affect the validity or enforceability of any other portion of this chapter.

(b)   Nothing in this chapter is intended to preclude private actions to abate or enjoin nuisances. The enforcement of this chapter by public officers shall not be a precondition to the bringing of an action to restrain, abate or enjoin such nuisance.

(c)   This chapter may be enforced by the zoning administrator or any zoning inspector of Fauquier County, or by the sheriff or any deputy sheriff of Fauquier County.

(d)   The provisions of this chapter are cumulative and not exclusive and shall supplement and be in addition to any noise performance standards or other standards set in the zoning ordinance of Fauquier County. It shall not be necessary to utilize a sound measurement device to determine the precise decibel level of many sounds which are the subject of this chapter.

(Ord. No. 88-3, 6-7-88)

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