Chapter 8.25 NOISE*

This chapter may be cited as the “Noise Control Ordinance of the city of Staunton.” It shall be applicable to the control of noises originating within the city limits. (Code 1985, § 17-1).

8.25.020 Definitions.

The following terms, when used in this chapter, shall have the meanings hereinafter ascribed to them, unless otherwise clearly provided or indicated by the context:

“A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

“Apparent property boundary” means an imaginary line along the ground surface, and its vertical extension, which from observation of the existing conditions appears to separate the real property owned or controlled by one person from that owned or controlled by another person, but not including intra-building real property divisions.

“Decibel (dB)” means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

“Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

“Excessive sound” means noise that exceeds 65 dBA unless otherwise specifically provided in this chapter.

“Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

“Motor carrier vehicle engaged in interstate commerce” means any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.

“Motor vehicle” means any self-propelled device or device designed for self-propulsion, upon or by which any person or property is or may be drawn or transported upon a street, except devices moved by human power or used exclusively upon stationary wheels or tracks.

“Motorcycle” means any motor vehicle designed to travel on not more than three wheels in contact with the ground and any four-wheeled vehicle weighing less than 500 pounds and equipped with an engine of less than six horsepower, excepting farm tractors.

“Noise” means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

“Residential zone” means any location within any area zoned residential pursuant to the city’s zoning ordinance.*

“Sound” means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

“Sound level” means the weighted sound pressure level obtained by the use of a sound level meter and the A-frequency weighting network, as specified in American National Standards Institute specifications for sound level meters.

“Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels. (Ord. 2009-11. Code 1985, § 17-2).

*Cross reference – Zoning, Title 18.

8.25.030 Declaration of findings and policy.

The city council hereby finds and declares that excessive sound is a serious hazard to the public health, welfare, peace and safety and the quality of life; that a substantial body of science and technology exists by which excessive sound may be substantially abated; that the people have a right to and should be ensured an environment free from excessive sound that may jeopardize the public health, welfare, peace and safety or degrade the quality of life; and that it is the policy of the city to prevent such excessive sound. (Code 1985, § 17-3).

8.25.040 Administration and enforcement of chapter generally.

The noise control program established by this chapter shall be enforced and administered by the police department with the assistance of other city departments as required. (Code 1985, § 17-4).

8.25.050 Testing of metering devices used to enforce chapter.

In order to implement and enforce this chapter effectively, the chief of police may develop and promulgate standards and procedures for testing and validating sound level meters used in the enforcement of this chapter. (Ord. 2009-11. Code 1985, § 17-5).

8.25.060 Exemptions from chapter.

(1) The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work. This section shall not be construed so as to relieve any person from the responsibility of obtaining the permit required by SCC 8.25.170.

(2) The provisions of this chapter shall not apply to those persons, firms or corporations performing city-approved musical performances or other city-approved events such as, but not limited to, the Stonewall Brigade Band concerts, parades pursuant to license or lease, musicals held in Gypsy Hill Park, and other similar events open to the public at large. (Ord. 2009-11. Code 1985, § 17-6; Ord. 4-13-95).

8.25.070 Violations of chapter.

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor. (Code 1985, § 17-7).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

8.25.080 Excessive sound generally.

Subject to the provisions of this chapter, the creation of any excessive sound is prohibited. (Ord. 2009-11. Code 1964, § 16-26; Code 1985, § 17-8).

8.25.090 Quiet zones.

(1) The city manager shall have the authority to designate and suitably mark as quiet zones such territory in the neighborhood of churches, schools, hospitals or other places as may be deemed proper.

(2) No person shall make any excessive sound of any character in any quiet zone designated and marked pursuant to this section. (Ord. 2009-11. Code 1964, §§ 15-10, 15-19; Code 1985, § 17-9).

8.25.100 Maximum sound levels between 10:00 p.m. and 6:00 a.m. in residential zones.

No person shall operate or cause any source of sound in such a manner as to create a sound level in a residential zone, between the hours of 10:00 p.m. and 6:00 a.m. local time, in excess of 65 dBA, when measured at any point on the receiving land. (Ord. 2009-11. Code 1985, § 17-10).

8.25.110 Operation of television sets, radios or phonographs.

No person shall operate, play, or permit the operation or playing of any radio, television, record, tape, or compact disc player, drum, musical instrument, or similar device in such a manner as to create excessive sound across a residence, apparent property boundary, or through partitions common to two dwelling units within a building in which it is located or when the excessive sound source is located within a motor vehicle and the excessive sound reaches a point a distance of 50 feet or more from its source. (Ord. 2009-11. Code 1964, § 16-26; Code 1985, § 17-11; Ord. 3-9-95).

8.25.120 Maximum level of sound emitted by motor vehicles.

(1) No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the level of sound emitted by the motor vehicle or motorcycle, when measured at a distance of 50 feet or more, exceeds the level set forth in the following table:


	Sound Level in dBA
Vehicle Class	Speed Limit 35 MPH or Less	Speed Limit over 35 MPH
All motor vehicles of GVWR or GCWR of 6,000 lbs. or more	86	90
Any motorcycle	82	86
Any other motor vehicle or any combination of vehicles towed by any motor vehicle	76	82

(2) This section shall not apply to any motor carrier vehicle engaged in interstate commerce or to any sound truck operated pursuant to, and in compliance with, the provisions of Article II of this chapter. (Code 1985, § 17-12).

8.25.130 Permit for use of loudspeakers on vehicles or in mercantile establishments.

(1) No person shall use any mechanical loudspeaker or amplifier on any motor vehicle or other moving vehicle or in any mercantile establishment, for advertising or other purposes, without first obtaining a written permit therefor from the chief of police.

(2) Whenever the chief of police shall be of the opinion that the use of mechanical loudspeakers or amplifiers on motor vehicles or other moving vehicles or in mercantile establishments, for advertising or other purposes, will not create excessive sound, he shall grant a permit therefor. (Ord. 2009-11. Code 1964, § 16-27; Code 1985, § 17-13).

8.25.140 Sounding of vehicle warning device.

No person shall sound the horn or other audible signal device on any motor vehicle, motorcycle or other vehicle while such vehicle is not in motion, except as a danger signal if another vehicle is approaching apparently out of control. If such vehicle is in motion, such device shall be sounded only as a danger signal to pedestrians or vehicles, after or as brakes are being applied and deceleration of the vehicle is intended. The creation, by means of any such device, of any excessive sound and the sounding of such device for more than two seconds is prohibited. (Ord. 2009-11. Code 1964, § 16-26; Code 1985, § 17-14).

8.25.150 Noise from loading and unloading operations or opening or destruction of bales, boxes, etc.

The creation of excessive sound in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers, other than between the hours of 7:00 a.m. and 6:00 p.m., is prohibited. (Ord. 2009-11. Code 1964, § 16-26; Code 1985, § 17-15; Ord. 7-10-03).

8.25.160 Noise from horns, drums, shouting, etc.

(1) No person shall make, or have a part in the making of, excessive sound by means of horns, trumpets, drums, bells or whistles, or by shouting or loud talking. This subsection shall not be construed as prohibiting shouting, singing or loud talking by spectators at and during athletic contests or as otherwise permitted by law.

(2) No two or more persons or a band or an orchestra shall play musical instruments in or on the streets, sidewalks, alleys or other public places in the city, unless such persons shall have first obtained a permit so to do from the chief of police.

(3) The mayor, pursuant to express authorization of the city council, may, by proclamation, suspend the operation of this section at such times, to such extent and as to such places as shall be determined by the council. (Ord. 2009-11. Code 1985, § 17-16).

8.25.170 Building operations at night.

No person shall engage in the erection (including excavating), demolition, alteration or repair of any building, in a residential or business district, other than between the hours of 7:00 a.m. and 6:00 p.m., except in cases of urgent necessity in the interest of public safety and then only with a permit from the chief of police, which permit may be renewed for a period of three days or less while the emergency continues. (Code 1964, § 16-26; Code 1985, § 17-17; Ord. 7-10-03).

Cross reference – Building regulations, Title 15.

8.25.180 Noisy animals and birds.

No person shall have or keep any animal or bird which, by making or causing excessive sound, shall disturb the comfort and repose of any person in the vicinity. (Ord. 2009-11. Code 1985, § 17-18).

8.25.190 Entertainment area exception.

(1) The foregoing sections notwithstanding, musical entertainment may be provided by businesses situated in the central business district as described herein. In such cases, the level of noise created by or from the musical entertainment shall not exceed 80 dBA as measured at any point 50 feet perpendicular to the apparent property boundary of the property from which the noise emanates; and, notwithstanding the foregoing, during the period beginning 11:30 p.m. local time and ending 9:00 a.m. local time, such noise shall not occur or extend beyond the interior of such businesses. “Musical entertainment” as used herein shall mean music made by what are commonly known as musical instruments, recordings of music, choral or vocal singings sponsored or provided by the business wherefrom the noise emanates.

(2) The central business district as used herein is described as:

Beginning at the intersection of Coalter Street and Frederick Street, thence with Frederick Street, west, to its intersection with Lewis Street, thence with Lewis Street, south, crossing Middlebrook Avenue to the C&O Railroad right-of-way, thence with the C&O right-of-way, east, to Coalter Street, thence with Coalter Street, north, to its intersection with Frederick Street, the point of beginning.

(3) The musical entertainment, subject hereof, is exempt from the provisions of SCC 8.25.080, 8.25.100, 8.25.110, and 8.25.160, except as provided in subsection (1) of this section. (Ord. 2012-01; Ord. 2009-11. Code 1985, § 17-19; Ord. 7-10-03).

Article II. Sound Trucks*

*Cross reference – Motor vehicles and traffic, Title 10.

8.25.200 Definitions.

For the purposes of this article, the following terms shall have the meanings ascribed to them in this section:

“Sound-amplifying equipment” shall mean any machine or device for the amplification of the human voice, music or any other sound. Such term shall not be construed to include standard automobile radios, when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic-safety purposes.

“Sound truck” shall mean any motor vehicle or horse-drawn vehicle having mounted thereon, or attached thereto, any sound-amplifying equipment the use of which is authorized by a permit issued pursuant to SCC 8.25.130. (Code 1985, § 17-29).

8.25.210 Operation near hospitals, schools, etc.

Sound shall not be emitted from the sound-amplifying equipment of a sound truck within 100 yards of any hospital, school, church or courthouse. (Code 1985, § 17-30).

8.25.220 Hours of operation – Operation on Sunday or legal holidays prohibited.

The operation of the sound-amplifying equipment on a sound truck shall be limited to four hours each day, except on Sundays and legal holidays, when no such operation shall be authorized. The permitted four hours of operation shall be between 11:30 a.m. and 1:30 p.m., and between 4:30 p.m. and 6:30 p.m. (Code 1985, § 17-31).

8.25.230 Permitted sounds.

The only sounds permitted to be broadcast from a sound truck are music or human speech. (Code 1985, § 17-32).

8.25.240 Profane, indecent, etc., speech or music prohibited.

The human speech and music amplified in the operation of a sound truck shall not be profane, lewd, indecent or slanderous. (Code 1985, § 17-33).

8.25.250 Control of volume of sound.

The volume of sound emitted from a sound truck shall be controlled so that it will not create excessive sound at a point of 50 feet or more from the sound truck. (Ord. 2009-11. Code 1985, § 17-34; Amended during the 2003 reformat).

8.25.260 Inspection of sound-amplifying equipment.

Sound-amplifying equipment in operation on a sound truck shall be subject to inspection by a member of the police department at reasonable times. (Code 1985, § 17-35; Amended during the 2003 reformat).

8.25.270 Minimum speed of vehicle – Time limit on operation of sound-amplifying equipment when vehicle stopped.

Sound-amplifying equipment on a sound truck shall not be operated, unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when such sound truck is stopped or impeded by traffic. Where stopped by traffic, the sound-amplifying equipment shall not be operated for longer than one minute at each such stop. (Code 1985, § 17-36).