RESOLUTION

A RESOLUTION DIRECTING THE COUNTY ADMINISTRATOR TO SCHEDULE A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING SECTION 13.5-3 OF THE CODE OF FAUQUIER COUNTY TO ADD SUBSECTION (D) PROHIBITING EXCESSIVE NOISE CAUSED BY ENGINE BRAKING EXCEPT FOR RESPONDING TO BONA FIDE EMERGENCY OCCURRENCES

            WHEREAS, the Board of Supervisors, by the adoption of this resolution, states its intent to receive citizen comment on a proposed ordinance amending Section 13.5-3 of the Code of Fauquier County to add Subsection (d) prohibiting excessive noise caused by engine braking of trucks which is injurious to the health, safety and welfare of the citizens of Fauquier County; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 16th day of September 2002, That the County Administrator be, and is hereby, directed to schedule a public hearing on a proposed ordinance amending Section 13.5-3 of the Code of Fauquier County to add Subsection (d) prohibiting excessive noise caused by engine braking except for responding to bona fide emergency occurrences.


ORDINANCE

AN ORDINANCE AMENDING SECTION 13.5-3 OF THE CODE OF FAUQUIER COUNTY TO ADD SUBSECTION (D) PROHIBITING EXCESSIVE NOISE CAUSED BY ENGINE BRAKING EXCEPT FOR RESPONDING TO BONA FIDE EMERGENCY OCCURRENCES

 

            WHEREAS, the Fauquier County Board of Supervisors has received complaints regarding the use of engine braking on the roads within the County; and

            WHEREAS, after due notice and public hearing, the Board of Supervisors has determined that the noise caused by engine braking is injurious to the health, safety and welfare of the residents of Fauquier County; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 21st day of October, 2002, That Section 13.5-3 of the Code of Fauquier County be, and is hereby, amended to add Subsection (d) to read as follows:

(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.