Noise Ordinance Henrico County, Virginia

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Noise Ordinance Henrico County, Virginia Powered By Docstoc
					Noise Ordinance
Henrico County,


Cross references—Amusements. ch. 4; buildings, ch. 6; traffic and vehicles, ch. 22;
unnecessary noise in operation of vehicle, § 22-39; zoning, ch. 24.

State law reference—Authority to regulate noise, Code of Virginia, §§ 15.1-29.12,

Sec. 10-71. Complaints.

No person shall be charged with a violation of the provisions of section 10-73 unless the
complainant appears before a magistrate and requests a summons to be issued.
However, when a violation is committed in the presence of a police officer, he shall
proceed as provided by section 1-13.
(Code 1980, § 15-10)

Sec. 10-72. Prohibited noise generally.

It shall be unlawful for any person to create any unreasonably loud, disturbing and
unnecessary noise in the county. Noise of such character, intensity and duration as to
be detrimental to the life or health of any person or to unreasonably disturb or annoy the
quiet, comfort or repose of any person is hereby prohibited.
(Code 1980, § 15-8)

Sec. 10-73. Prohibited noises enumerated.

The following acts are declared to be loud, disturbing and unnecessary noises in
violation of section 10-72, but such enumeration shall not be deemed to be exclusive:

(1) Horns and signaling devices on vehicles. The sounding of any horn or signal device
on any automobile, motorcycle, bus or other vehicle while not in motion, except as a
danger signal if any other vehicle is approaching apparently out of control, or if in motion
only as a danger signal after or as brakes are being applied and deceleration of the
vehicle is intended; the creation by means of any such signal device of any
unreasonably loud or harsh sound; and the sounding of such device for any
unnecessary and unreasonable period of time.

(2) Radios, phonographs and musical instruments. The playing of any radio,
phonograph or musical instrument in such a manner or with such volume, particularly
during the hours between 12:00 midnight and 7:00 a.m., as to annoy or disturb the
quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
(3) Noisy animals. The keeping of any animal or bird which by causing frequent or long
continued noise shall disturb the quiet, comfort or repose of any person in the vicinity to
such an extent as shall constitute a nuisance.

(4) Defect in vehicle or load The use of any automobile, motorcycle or vehicle so out of
repair, so loaded or operated in such manner as to create loud and unnecessary
grating, grinding, rattling or other noises.

(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler
except to give notice of the time to begin or stop work or as a warning of danger or other

(6) Noisy exhausts. The discharge of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or motorboat engine into the open air except
through a mustier or other device which will effectively prevent loud and explosive
noises therefrom.

(7) Creation of noise near schools, courts or hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning or court while such
institution is in session, or adjacent to any hospital, which unreasonably interferes with
the workings of such institution or disturbs or unduly annoys patients in the hospital;
provided that conspicuous signs are displayed in such streets indicating that such street
is a school, hospital or court street.

(8) Loading, unloading or opening boxes. The creation of loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of
bales, boxes, crates and containers.

(9) Peddlers and hawkers. The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.

(10) Drums, loudspeakers and other attention-attracting devices. The use of any drum,
loudspeaker or other instrument or device for the purpose of attracting attention by
creation of noise to any performance, show or sale or display of merchandise.

(Code 1980, § 15-9)

Secs. 10-7—10-100. Reserved.


Sec. 10-101. Definitions.

The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Litter means all waste material, disposable packages or containers, but does not include
the properly disposed waste of the primary processes of mining, logging, sawmilling,
farming or manufacturing.

Litter receptacle means a container with a capacity of not less than ten gallons,
constructed and placed for use as a depository for litter.
(Code 1980, § 12.1-2)

Cross reference—Definitions generally, § 1-2.

State law reference—Definition of litter, Code of Virginia, § 10.1-1414.

Sec. 10-102. Securing or covering loads.

(a) Required. No person shall transport gravel, sand, coat or other nonagricultural and
nonforestry products in a truck, trailer or semitrailer along streets, roads or highways of
the county, unless the load is secured to the vehicle or is covered by a tarpaulin or other
suitable cover, securely fastened to the body of the vehicle, and of such size and shape
as necessary to cover the entire load.

(b) Exceptions. This section shall not apply to pickup trucks or public service company

(c) Penalty. Violation of this section shall constitute a traffic infraction punishable by a
fine not to exceed $200.00.

(Code 1980, § 11-5)

State law reference—Escape of material from vehicles transporting litter, Code of
Virginia, §§ 46.2-1156(B), 46.2-113, 46.2-1300.

Sec. 10-103. Allowing escape of load material.

(a) Prohibited. No vehicle shall be operated or moved on any highway unless it is
constructed, maintained and loaded to prevent its contents from dropping, sifting,
leaking or otherwise escaping.

(b) Exceptions. This section shall not apply to any:

(1) Motor vehicle which is used exclusively for agricultural purposes and which is not
operated on any public highway for any purpose other than moving it across a highway
or along a highway from one part of the owner's land to another, irrespective of whether
the tracts adjoin;
(2) Agricultural vehicle, tractor or other vehicle exempted from registration and licensing
requirements under state law; or

(3) Motor vehicle transporting poultry or livestock.

(c) Penalty. Violation of this section shall constitute a traffic infraction punishable by a
fine not to exceed $200.00.

(Code 1980, § 12.1-4)

State law reference—Transportation, littering, Code of Virginia, §§ 46.2-113, 46.2-1156,

Sec. 10-104. Unlawful storage or accumulation of refuse.

(a) Prohibited storage or accumulation. It shall be unlawful for any owner of property to
allow the storage or accumulation of trash, garbage, refuse, litter and other substances
which might endanger the health or safety of other residents of the county.

(b) Use of containers required. All garbage, trash, refuse and litter shall be placed in
watertight containers and be kept covered until transported to the county landfill or until
taken from the premises by trash or garbage collectors or otherwise disposed of as
permitted by law.

(c) Penalty. Violation of this section shall be a class 4 misdemeanor.
(Code 1980, §§ 11-8, 12.1-5)

State law reference—Authority to remove trash, weeds, etc., Code of Virginia, §

Sec. 10-106. Notice of violation; summons or warrant.

County inspectors shall commence enforcement of section 10-105 by issuing a written
notice to the owner in person or by mail at his last known address, informing him of the
date and nature of the violation. All other violations of this article shall be enforced by
summons or warrant.
(Code 1980, § 12.1-10)

Sec. 10-106. Cleanup of premises by county; lien for unpaid charges.

If the owner refuses or fails to clean up the property after receiving the notice required
by section 10-105, the county inspector may issue a summons and the county's agents
or employees may remove trash, garbage, refuse, litter or other substances which might
endanger the health of other residents of the county, and the cost and expenses of
removal shall be charged to the owner. Such costs and expenses may be collected by
the county as taxes and levies are collected. Every charge to the owner and lienholder
under this section which remains unpaid shall constitute a lien against such property on
a parity with liens for unpaid taxes.
(Code 1980, § 12.1-8)

State law reference—Authority, Code of Virginia, § 15.1-11.

Sec. 10-107. Violations generally; penalty.

(a) The imposition of punishment for violation of any provision of this article shall not
excuse the violation or permit it to continue, and appropriate proceedings may be
instituted to prevent continuation of the violation.

(b) In addition to criminal charges arising under this article, any person who violates any
of the provisions of this article shall be liable for the costs of remedying or mitigating the
violation and its effects.
(Code 1980, § 11-13)

State law reference—Penalties, Code of Virginia, § 15.1-505.

Secs. 10-108—10-150. Reserved.