ࡱ> pro#` Sbjbj\.\. 4t>D>DK 8888888L+++8+$+\L>2X,X,X,X,X,X,X,X,1111111$,3h5t18-X,X,--188X,X,1E1E1E1-R8X,8X,1E1-1E1E188E1X,L, dM+E.jE1120>2E16.D6E1E168Y1dX,L,6E1,,-X,X,X,110RX,X,X,>2----LLL!'LLL'LLL888888  Chapter 22 NOISE* __________ * Cross References: Noisy animals or birds, 5-9; disturbing the peace by loud or unusual noise, 24-11; use of sound-amplification equipment in parks, 26-29. __________ Article I. In General Sec. 22-1. Violations of chapter. Sec. 22-2. Loud, disturbing and unnecessary noise generally. Sec. 22-3. Playing of radios, televisions, musical instruments, etc. Sec. 22-3.1. Amplified music or outdoor bands in the downtown area. Sec. 22-4. Use of drums, loudspeakers, etc. Sec. 22-5. Shouting, hooting, etc., on streets. Sec. 22-6. Noise from vehicles generally. Sec. 22-7. Sounding of vehicle horn or other signal device. Sec. 22-8. Building and excavating operations at night. Secs. 22-9--22-20. Reserved. Article II. Sound Trucks Division 1. Generally Sec. 22-21. Definition. Sec. 22-22. Impoundment of vehicle when article violated. Sec. 22-23. Required crew. Sec. 22-24. Hours of operation generally. Sec. 22-25. Sunday operation. Sec. 22-26. Operation in quiet zone or near hospital, school, etc. Sec. 22-27. Operation on residential streets. Secs. 22-28--22-35. Reserved. Division 2. Operating Permit Sec. 22-36. Required. Sec. 22-37. Fee. Sec. 22-38. Issuance. Sec. 22-39. Display. Sec. 22-40. Expiration. Sec. 22-41. Revocation or suspension. Secs. 22-42--22-49. Reserved. Article III. Noise Contour District Sec. 22-50. Intent. Sec. 22-51. Boundaries. Sec. 22-52. Noise attenuation. Sec. 22-53. Appeals. Sec. 22-54. Disclosure. Sec. 22-55. Enforcement. ARTICLE I. IN GENERAL Sec. 22-1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor. Cross References: Penalty for Class 1 misdemeanor, 1-11. Sec. 22-2. Loud, disturbing and unnecessary noise generally. The creating of any unreasonably loud or disturbing noise or any unnecessary noise within the limits of the city is prohibited and noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare is prohibited. (Code 1956, 15-1; Code 1964, 26-1) Sec. 22-3. Playing of radios, televisions, musical instruments, etc. It shall be unlawful for any person, including the owner or manager on duty of any establishment or promoter of any event, to play or allow the playing of any radio, television, tape player, phonograph, musical instrument, amplified music, or indoor or outdoor band in such a manner or with such volume as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any office, hospital, hotel, dwelling or other type of residence or of any persons in the vicinity. This section shall be enforced by the police department and/or the codes compliance department. (Code 1956, 15-3; Code 1964, 26-3; Ord. No. 1199, 9-24-97) Sec. 22-3.1. Amplified music or outdoor bands in the downtown area. It shall be unlawful in the downtown area zoned SPI-OH for any person, including the owner or manager on duty of any establishment or promoter of any event, to produce or allow to be produced a sound or noise from amplified music or an outdoor band which exceeds a noise level measurement of 60 dBA upon the real property of another. Such noise is hereby prohibited and declared to be loud, disturbing and unlawful noise in violation of this section. This section shall be enforced by the police department and/or the codes compliance department. Sound level measurements shall be admissible evidence of any alleged unlawful noise if made with a sound level meter using the "A" weighing scale in accordance with the American National Standard Institute. (Ord. No. 1199, 9-24-97) Sec. 22-4. Use of drums, loudspeakers, etc. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale or display of merchandise, except by a special permit issued by the city manager, is hereby declared to be a loud, disturbing and unnecessary noise in violation of this chapter; provided, however, that the provisions of this section shall not apply to the use of amplifiers or loudspeakers in the course of public gatherings or to sound trucks. (Code 1956, 15-6; Code 1964, 26-6) Sec. 22-5. Shouting, hooting, etc., on streets. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 12:00 midnight and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in any hospital, dwelling, hotel or any other type of residence, or of any person in the vicinity, is hereby prohibited and declared to be loud, disturbing and unnecessary noise in violation of this chapter. (Code 1956, 15-4; Code 1964, 26-4) Sec. 22-6. Noise from vehicles generally. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to cause loud and unnecessary grating, grinding, rattling or other noise is hereby prohibited and shall be deemed loud, disturbing and unnecessary noise in violation of this chapter; provided, however, that this section shall not apply to any vehicle of the city engaged in any necessary public business. (Code 1956, 15-5; Code 1964, 26-5) Cross References: Motor vehicles and traffic, Ch. 21. Sec. 22-7. Sounding of vehicle horn or other signal device. (a) The following acts are declared to be loud, disturbing and unnecessary noises and noises in violation of this chapter: (1) 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 another 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. (2) The creation, by means of any such horn or signal device, of any unreasonably loud or harsh sound. (3) The sounding of such horn or signal device for an unnecessary and unreasonable period of time. (4) The sounding of any such horn or signal device for the purpose of attracting another motorist's attention to traffic light changes or to indicate impatience during a traffic jam or to a slow-moving vehicle ahead. (b) The provisions of this section shall not apply to or be enforced against any vehicle of the city while engaged in necessary public business. (Code 1956, 15-2; Code 1964, 26-2) Sec. 22-8. Building and excavating operations at night. (a) The following acts are declared to be loud, disturbing and unnecessary noises and noises in violation of this chapter: The erection, including excavation, demolition, alteration or repair, of any building in any residential district or section and the excavation of streets or highways in any residential district or section, other than between the hours of 6:00 a.m. and 10:00 p.m., except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the director of public works, which permit may be granted for a period not to exceed thirty (30) days while the emergency continues. If the building official should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 10:00 p.m. and 6:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 10:00 p.m. and 6:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. (b) This section shall not apply to excavations or repairs of bridges, streets or highways by or on behalf of the city during the night hours when the public welfare and convenience renders it impossible to perform such work during the day. (Code 1956, 15-7; Code 1964, 26-7) Cross References: Building regulations generally, Ch. 9; excavating operations generally, Ch. 13. Secs. 22-9--22-20. Reserved. ARTICLE II. SOUND TRUCKS* __________ * Cross References: Advertising, Ch. 3; license tax for advertising by loud speaker attached to vehicles, 18-120; motor vehicles and traffic, Ch. 21; use of sound-amplification equipment in parks, 26-29. __________ DIVISION 1. GENERALLY Sec. 22-21. Definition. As used in this article, the term "sound truck" shall mean a vehicle used or operated in the city for the purpose of attracting attention by means of any sound or noise whatsoever. (Code 1964, 26-8) Sec. 22-22. Impoundment of vehicle when article violated. If any operator of a sound truck who violates any provision of this article is a nonresident of the city, the police department may, if there is apparent danger of such operator leaving the city before trial for such violation, impound the truck pending trial, but the same shall be released upon suitable bond being given. (Code 1956, 15-19; Code 1964, 26-16) Sec. 22-23. Required crew. Every sound truck operating within the city shall carry a crew of sufficient size to relieve the driver of all care of the sound apparatus. No person shall undertake to drive a sound truck and operate the sound apparatus at the same time. (Code 1956, 15-15; Code 1964, 26-12) Sec. 22-24. Hours of operation generally. No sound truck shall be operated in the city before the hour of 9:00 a.m., after the hour of 6:00 p.m. or between the hours of 12:00 noon and 3:00 p.m., without the special written permission of the city manager, or such officer as he may designate, granted for an operating period not to exceed three (3) hours. (Code 1956, 15-17; Code 1964, 26-14) Sec. 22-25. Sunday operation. No sound truck shall be operated on Sunday without special written permission from the city manager, or such officer as he may designate, granted for an operating period not to exceed three (3) hours. (Code 1956, 15-16; Code 1964, 26-13) Sec. 22-26. Operation in quiet zone or near hospital, school, etc. The sound equipment on a sound truck shall not be operated so as to emit any loud and disturbing noise in any quiet zone or near any hospital, school, funeral or place where public meetings are being held. (Code 1956, 15-14; Code 1964, 26-11) Sec. 22-27. Operation on residential streets. No person shall operate the sound equipment on a sound truck on the same residential street more than once during any one day; provided, however, that this section shall not be construed to prohibit the crossing and re-crossing of streets upon which such equipment has previously been operated. (Code 1956, 15-18; Code 1964, 26-15) Secs. 22-28--22-35. Reserved. DIVISION 2. OPERATING PERMIT Sec. 22-36. Required. It shall be unlawful for any person to operate the sound equipment on any sound truck within the city, unless he has a current permit so to do issued pursuant to this division. The use of any such equipment without such permit is hereby declared to be a loud, disturbing and unnecessary noise in violation of this chapter. (Code 1956, 15-8; Code 1964, 26-18) Sec. 22-37. Fee. No permit to operate a sound truck within the city shall be issued until the applicant therefor has paid a fee of twenty-five dollars ($25.00); provided, however, that no such fee shall be required for sound trucks operated for advertising by the public schools or any department of the state or of the United States government, or advertising in connection with an agricultural fair or advertising in connection with performances or exhibitions the whole of the net proceeds of which are to be expended for the benefit of the general public. (Code 1956, 15-9; Ord. No. 80, 33; Code 1964, 26-19) Sec. 22-38. Issuance. The city manager shall issue a permit required by this division to any responsible person, upon payment of the fee required by section 22-37 and upon a sufficient showing: (1) That the vehicle in question meets all the safety requirements established by the laws of state and the provisions of this Code and other ordinances of the city. (2) That the driver of the vehicle in question possesses the qualifications and license required by the laws of the state and the provisions of this Code and other ordinances of the city. (3) That all occupational license taxes due the city have been paid. (Code 1956, 15-10; Code 1964, 26-20) Cross References: License taxes, Ch. 18. Sec. 22-39. Display. A permit issued under this division shall be displayed on the inside of the sound truck, or the driver of such truck shall have the permit in his possession and display it upon demand of any law-enforcement officer, at all times when the sound equipment on such truck is being operated. Sec. 22-40. Expiration. Every permit issued under this division shall expire twelve (12) months from the date of issuance. Sec. 22-41. Revocation or suspension. In addition to any other penalty, a permit issued under this division may be revoked, at the discretion of the court, upon the conviction of the holder thereof for a violation of any provision of this chapter. The chief of police or his duly appointed assistant may suspend the permit of any person charged with a second offense under this chapter, pending the trial of a prior charge actually filed. (Code 1956, 15-11; Code 1964, 26-21) Secs. 22-42--22-49. Reserved. ARTICLE III. NOISE CONTOUR DISTRICT Sec. 22-50. Intent. It is the intent of the Noise Contour District to insure that all buildings and structures in which families or households live, or in which sleeping accommodations are provided, as described in Section 309 (Use Group R) of the BOCA National Building Code 1990, as further described in Use Group R of the International Building Code, as amended, within those areas of Hampton that are likely to be impacted by aircraft noise associated with Langley Air Force Base make adequate provision for sound reduction in exterior walls, doors, windows, etc. to minimize the impact of such noise on occupants, and to insure that purchasers of property within this zone are aware of the associated noise levels. The district regulations deal with noise attenuation in all buildings and structures classified as Use Group R of the BOCA National Building Code 1990, Use Group R of the International Building Code, as amended, and with disclosure to potential purchasers of the existence of the associated noise. (Ord. No. 1063, 8-27-92; Ord. No. 1071, 12-9-92) Sec. 22-51. Boundaries. The boundaries of the Noise Contour District shall be as delineated on the Noise Overlay Map, and shall include the lands shown as being within the 65 dB Ldn contour of the Noise Contours Map of the Langley AFB Air Installation Compatible Use Zone Report, 1990, as updated. Such map shall be located in the Building Codes Compliance Department. (Ord. No. 1063, 8-27-92) Sec. 22-52. Noise attenuation. (a) Any structure or addition classified as Use Group R by the BOCA National Building Code, 1990, Use Group R of the International Building Code, as amended, built or placed within the Noise Contour District on or after October 1, 1992 shall be constructed to provide acoustical treatment measures which achieve a maximum interior noise level of 45 dB Ldn. Acoustical treatment measures shall not be required of garages, storage areas, or any other structure whose primary function is not the habitation of people. (1) Within the 75 or greater dB Ldn contour line, the use of roof and exterior wall assemblies which have a laboratory sound transmission class (STC) of at least 49, and doors and windows which have a laboratory STC of at least 38 shall be required. (2) Within the 70-74 dB Ldn contour line, the use of roof and exterior wall assemblies which have a laboratory sound transmission class (STC) of at least 44, and doors and windows which have a laboratory STC of at least 33 shall be required. (3) Within the 65-69 dB Ldn contour line the use of roof and exterior wall assemblies which have a laboratory sound transmission class (STC) of at least 39, and doors and windows which have a laboratory STC of at least 28 shall be required. (b) In lieu of the materials specified in section 22-52(a), certification by an acoustical engineer that the construction practices and/or materials of the structure shall achieve the required interior noise level shall be submitted to the Building Official for approval prior to the release of any building permits. (Ord. No. 1063, 8-27-92; Ord. No. 1071, 12-9-92) Sec. 22-53. Appeals. (a) Appeals of a determination as to whether a property is within the Noise Contour District, or as to whether alternatives to the materials specified in section 22-52(a) are actually equivalent to those materials may be made in writing to the city manager within ninety (90) days of the decision of the building official. The decision of the city manager shall be given in writing to the appellant within ten (10) working days of the date the appeal is filed. (b) Appeals of the decision of the city manager may be made in writing to the city council within thirty (30) days of the city manager's written decision. In the event such an appeal is filed, the city council shall schedule at least one public hearing on the matter and render its decision within ninety (90) days of the date the appeal of the city manager's decision is filed. The city council may affirm, reverse, or modify the decision of the city manager or return the matter to the city manager for further consideration. (Ord. No. 1063, 8-27-92) Sec. 22-54. Disclosure. (a) The following statement shall be placed on all subdivision plats and site plans pertaining to properties within the Noise Contour District: "Noise Disclosure--This property, either partially or wholly, lies within the City of Hampton's Noise Contour District and may be subject to above average noise levels due to its proximity to the flight operations at Langley Air Force Base. (b) Written notification shall be provided to any and all prospective purchasers of lands wholly or partially contained in the Noise Contour District. Such notification shall be included in bold print in either the purchase contract or in a separate written disclosure statement provided by the seller and/or agent and signed by the purchaser. The disclosure statement shall read as follows: Noise Disclosure--This property may be partially or wholly within the City of Hampton's Noise Contour District, encompassing the flight approaches of Langley Air Force Base. Additional information regarding boundaries of the Noise Contour District may be found in the Hampton Planning Department or the Hampton Building Department. (Ord. No. 1063, 8-27-92; Ord. No. 1068, 10-14-92) Sec. 22-55. Enforcement. The provisions of this article shall be enforced by the building official. (Ord. 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