Legislation # 15-0344 Enactment Number 15-0029
Type Ordinance - Coded Effective Date none
Introduction Date 10/28/2015
Title Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Article I of Chapter 22 Entitled, “Noise” Pertaining to Definitions, Prohibited Noises, and Exemptions.
 
Legislation History 15-0344
DateNotice Of ActionDescription
11/6/2015 Enactment Number 15-0029
10/28/2015 Approved
10/21/2015 Received By Clerk's Office
 
View Attachments 15-0344
FileTypeSizeDescription
4 REDLINE - City Code Chapter 22 - Special Events Noise - FINAL.pdf Exhibit 113K Redline Ordinance
 
Legislation Text 15-0344

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0344

 

Enactment Number: 15-0029

 

Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Article I of Chapter 22 Entitled, Noise Pertaining to Definitions, Prohibited Noises, and Exemptions.

 

BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Sections 22-2, 22-9, and 22-10 of Article I of Chapter 22 of the City Code of the City of Hampton, Virginia be amended to read as follows:

 

Chapter 22 NOISE

 

. . . .

 

ARTICLE I. IN GENERAL

 

. . . .

 

Sec. 22-2. - Definitions.

Instruments, machines, or devices. Refers to any musical instrument, radio, phonograph, compact disc player, cassette tape player, amplifier, loudspeaker, public address system, portable personal sound reproduction system, bullhorn, or any other machine or device, for producing, reproducing or amplification of sound.

 

Plainly Audible. Any sound that can be detected by a person using his or her unaided hearing faculties. Specific words or phrases need not be discernible. The detection of bass reverberations is sufficient to constitute a plainly audible sound.

. . . .


Sec. 22-9. - Prohibited noises enumerated.

It shall be unlawful for any person to cause or permit to be caused any of the following prohibited sounds or noises:

 

. . . .

 

(2) Instruments, machines, or devices. Instruments, machines, or devices operated in such a manner or with such volume or duration that it is plainly audible (i) inside the confines of the dwelling unit, house or apartment of another person; (ii) at a distance of 100 or more feet in any direction from the operator between the hours of 7:00 a.m. and 10:00 p.m.; or (iii) at a distance of 50 or more feet in any direction from the operator between the hours of 10:00 p.m. and 7:00 a.m.

 

. . . .

 

(6) Yelling, shouting, etc. Yelling, shouting, whistling, singing, and other vocal sounds, any of which occurs between the hours of 10:00 p.m. and 7:00 a.m. so as to create a plainly audible sound, (i) inside the confines of the dwelling unit, house or apartment of another person; (ii) on public property or a public right-of-way; or (iii) on any privately-owned street, sidewalk or parking lot open to the public.

. . . .

Sec. 22-10. - Exemptions.

No provisions of this article shall apply to:

(1) the emission of sound for the purpose of alerting persons to the existence of an emergency;

(2) the emission of sound in the performance of emergency work or law enforcement activities;

(3) activities sponsored by the city;

(4) activities authorized by a special events permit or fireworks permit issued by the city;

(5) normal and customary use of outdoor recreational facilities owned or leased by the City of Hampton;

(6) normal and customary use of open-air venues permitted by the City of Hampton zoning ordinance;

(7) customary and regularly scheduled public school, private school, or college/university activities taking place on the school or college/universitys property; performances or practices by marching bands, school orchestras or ensembles and similar groups or individuals who are members of such groups; athletic contests or practices; and, other school-funded activities; or,

(8) activities for which the regulation of noise has been preempted by federal law.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on October 28, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council