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

Pay attention to Sec 3 Paragraph 5, Section 4 paragraph 4 and Section 6 paragraph 2 This was supposedly passed without notice and without discussion in April. I wonder what happened to open meeting laws and proper notice here in Virginia.

This is the same tactic that Kirby Burch and the VaHDA tried to use to get their resolution passed. When it hit the light of day it was ended. Looks like they now have a new tactic using the same old methods. Wait till non hunters who like to target practice start to get charged with this regulation. By the way it does NOT seem to stop bow hunting. Wonder what they will do to stop that?

Not sure, here in NC the use of guns is regulated on Sundays, except on private property I believe, Bases, or hunting with dogs. So most use bows on Sundays or flood the base. Very similar but would have to confirm our states Regs just to be sure, I hunt on base so no issue for me.

I wonder if a barking dog is considered noise pollution and "degrades the quality of life"....I can't wait to HUNT ON SUNDAYS THIS SEASON......

This is why Sunday hunting needs to be allowed on a statewide basis and needs to be put in the books. I've said all along that the selective manner in which they are approaching allowing Sunday hunting is flawed. The only way to make it stick is to do it on a statewide basis and allow Sunday hunting on all lands, public and private, in the entire state.

Anyone celebrating the way they just put Sunday hunting on the books is a fool since you can expect things like this to happen every year. It needs to be done in one fell swoop across all of VA. Anything else is less than half a victory and half a victory will lead to defeat down the road.

Anybody who truely knows what transpired to get the current law passed knows that this was the best compromise at the time. The only fools are those who hid behind the scenes and are now calling people names when they intend to leave the state anyway. Complaining about it while not getting involved at the deck plate levels only shows that some let others do their work for them.

Half victories turn into full victories which turn into won wars Any true leader knows that. And they support and praise those who at least made the effort and accomplished something instead of complaining about partial success. Good luck in your new location.

vapahunter.... Your EXACTLY RIGHT.... Many of us Virginia hunters fought hard to get Sunday Hunting passed....
Even if it's only on private property it a BIG WIN for ALL hunters in Virginia.....
And in a year or two when the general public sees that the world didn't end because people are hunting on Sundays ALL Virginia hunters will have the right to hunt on Sundays on private and public lands....

THis is a BS ordinance... its a half assed responce to the Sussex County BOS knowing that their anti sunday hunting resolution was unenforceable.
It doesnt say you cant hunt, nor does it say you cant shoot.
Someone inside a dwelling has to complain about the noise... most every locale in Va has a noise ordinance. How do they prove that it was you that made the noise and not the guy across the river? And their is no db level listed so its unmeasurable...

Sussex is a dog running county. It totally makes since that this happened, and I hope its shot down very quickly. Disgusting behavior.

Rumor has it that the shooting section was removed last night.