ORDINANCE

AN ORDINANCE TO AMEND CHAPTER 13.5 of the County Code TO PROHIBIT THE COLLECTION OF REFUSE In RESIDENTIAl ZONING DISTRICTS BETWEEN the HOURS Of 10 P.M. and 5 A.M. The following day

WHEREAS, the Board of Supervisors has proposed an amendment to the County Code to address the permissible hours of trash collection; and

WHEREAS, the Board of Supervisors conducted a public hearing and considered public input on the question of whether to prohibit the collection of refuse in residential zoning districts between the hours of 10 P.M. and 5 A.M. the following day; and

WHEREAS, the Board of Supervisors has determined that it is appropriate for good planning and zoning purposes and in the interest of the health, safety and welfare of the public to adopt the proposed amendment to the County Code; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 9th day of July 2009, That Chapter 13.5, Section 13.5-3of the County Code be, and is hereby, amended as follows:

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)

 

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