New attempt to ban Sunday Hunting in Sussex Cnty, VA
SUSSEX COUNTY, VIRGINIA
BOARD OF SUPERVISORS
WHEREAS, the Supreme Court of Virginia in Tanner v. City of Virginia Beach (2009) held that a subjective “reasonable person” standard is unconstitutionally vague, and therefore invalid and unenforceable as a standard for enforcing a local noise ordinance; and
WHEREAS, the ability of Sussex County citizens to peaceably enjoy their residences, schools, businesses and public places without the intrusion of loud, unnecessary noise is important to the overall quality of life in the county; and
WHEREAS, the Board of Supervisors directed the County Administrator to develop, in cooperation with the County Attorney, Sheriff, and Commonwealth Attorney, a noise ordinance that would be in the best interests of the citizens of Sussex County and would also comport with the requirements established by the Virginia Supreme Court; and
WHEREAS, the Board of Supervisors has held a public hearing to receive citizen input on this matter; and
WHEREAS, Senate Bill 246, sponsored by Senator John Watkins, grants localities civil penalty authority for noise ordinance violations and was enacted into law by the General Assembly on July 1, 2010, (See Va. Code Ann. Section 15.2-980).
NOW THEREFORE BE IT ORDAINED that the Sussex County Board of Supervisors hereby adopts a Sussex County Noise Ordinance in its entirety as follows:
Sussex County Noise Ordinance
Loud Noise Prohibited.
Section 1. Declaration of policy
It is hereby declared to be the public policy of the county to promote an environment for its citizens free from noise that jeopardizes their health or welfare or degrades the quality of life.
Section 2. Definitions
The following words, when used in this ordinance shall have the meaning assigned to them in this section:
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Matt OBrien “Plainly Audible” means any sound that can be heard clearly by a person using his or her unaided hearing faculties.
“Residential” refers to single unit, two-unit, and multi-unit dwellings, and residential areas of planned residential zoning district classifications, as set out in the zoning ordinance of Sussex County.
Section 3. Loud Noises Prohibited.
The following acts, or the causing or permitting thereof, are declared to be unlawful loud noises, but this enumeration shall not be deemed to be exclusive:
1. Noise generally.
The creation of any noise between the hours of 10:00 p.m. and 6:00 a.m. (a) in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person; or (b) in such a manner as to be plainly audible at a distance of 200 feet or more from its source.
2. Radios, television sets, musical instruments, and similar devices. The using, operating or permitting to be played, any radio, musical instrument, record, tape, compact disc player, loudspeaker or other machine or similar device for the producing or reproducing of sound between the hours of 10:00 p.m. and 6:00 a.m.
a. in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person; or
b. in such a manner as to be plainly audible at a distance of 50 (fifty) feet or more from its source.
3. Horns, whistles, etc.. The sounding or permitting 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 when necessary as a warning of danger.
4. Loudspeakers, public address systems and sound trucks. The using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom for any purpose between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person.
5. Explosive, fireworks and similar devices; discharge of firearms on Sundays. Using or firing any fireworks without a fireworks permit, explosives or similar devices which create impulsive sound between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person. In addition to any other prohibitions contained in this ordinance, discharge of any firearm between the hours of 12:00 a.m. and10:00 p.m. on any Sunday in such a manner as to permit sound to be heard inside the confines of the dwelling unit, house or apartment of another person or as to be plainly audible at a distance of 200 feet or more from its source. For the purposes of this ordinance, "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material.
6. Lawn Care Equipment. Creating noise in residential areas between 10:00 p.m. and 6:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities, except for certain commercial activities set out Section 4.
7. Large party gatherings. Allowing noise between the hours of 10:00 p.m. and 6:00 a.m. that is audible inside the confines of the dwelling unit, house or apartment of another person or at fifty (50) or more feet from the source when the noise is generated from a gathering of ten or more people.
8. Trash collection vehicles. The collection of trash or refuse in residential use districts between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to be plainly audible at any residence 100 (one hundred) or more yards away.
9. Vehicles. Operating or using a motor vehicle or motorcycle in such a manner that creates a mechanical or exhaust noise that is plainly audible at a distance of two hundred (200) feet or more from the vehicle. Operating sound amplifying equipment in a motor vehicle at a volume sufficient to be plainly audible at a distance of one hundred (100) feet from the vehicle.
10. Schools, public buildings, places of worship, and hospitals. Creating any noise on the grounds of any school, court, public building, place of worship or hospital in a manner that is plainly audible within such school, court, public building, place of worship or hospital and interferes with the operation of the institution.
Section 4. Exceptions.
The provisions of this ordinance shall have no application to any sound generated by any of the following:
1. Sound which is necessary for the protection or preservation of property, including livestock and companion animals, or the health, safety, life or limb of any person.
2. Radios, sirens, horns, and bells on police, fire, or other emergency response vehicles.
3. Parades, permitted fireworks displays, school related activities, and other such public special events or public activities.
4. (a) Hunting dogs. (b) Dogs responding to any person or animal on the property of the dog’s owner or custodian, when such presence poses a real or perceived threat to the animal or to the occupants of the property.
5. Commercial forestry or timbering operation being conducted pursuant to a valid permit or license.
6. Commercial landscaping operations not being conducted in a residential subdivision.
7. Farming or agricultural operations.
8. Locomotives and other railroad equipment.
9. Aircraft.
10. The striking of clocks.
11. Church bells.
12. Noise generated in connection with business being performed on industrial property.
13. Noise generated by the operation or use of a sport shooting range if the range is in compliance with all ordinances relating to noise in effect at the time construction or operation of the range was approved, or at the time any application was submitted for the construction or operation of the range.
Section 5. Noises Authorized by Permit
The provisions of this ordinance shall not apply to any noise that is otherwise specifically authorized by a valid special exception, conditional use, or other permit approved by the county.
Section 6. Penalty for violation of Ordinance; civil penalties.
(1) Any person violating any of the provisions of this Ordinance shall be deemed guilty of a civil violation and shall be subject to a fine not exceeding $250 for the first offense and $500 for each subsequent offense. Each day of violation of any provision of this article shall be a separate offense.
(2) The person operating or controlling a noise source shall be guilty of any violation caused by that source. If that cannot be determined, any owner, tenant, resident or manager physically present on the property where the violation is occurring is rebuttably presumed to be operating or controlling the noise source.
Section 7. Enforcement.
This ordinance shall be enforced by the Sussex County Sheriff’s Office, who shall issue a written civil summons on a form approved by the court, to any person found to be in violation of the provisions contained herein.
Section 8. Private remedies not affected.
Nothing in this ordinance precludes a citizen from bringing a private nuisance claim or any other similar action in court against any individual related to noise.
Be it further Ordained that this ordinance, as approved by the Board of Supervisors upon due consideration and after all required public notice and hearing, shall take effect immediately this ___ day of ____________, 2014.
______________________________
C. Eric Fly, Sr., Chairman
Board of Supervisors
County of Sussex, Virginia
ATTEST:
__________________________
Thomas E. Harris,
Clerk to the Board