ORDINANCE

AN ORDINANCE TO AMEND AND ADOPT CHAPTER 13.5 OF THE

FAUQUIER CODE TO REGULATE NOISE

WHEREAS, the Fauque! "#a!$ #% Su&e!'(#!(, a%te! $ue )#t*e a)$ &u+,* hea!)-, ha(
$ete!.)e$ that t ( ) the +e(t )te!e(t #% the hea,th, (a%et/ a)$ 0e,%a!e #% the *t1e)( #%
Fauque! C#u)t/ t# a.e)$ a)$ a$#&t th( O!$)a)*e2 )#0, the!e%#!e, +e t

RESOL3ED +/ the Fauque! C#u)t/ "#a!$ #% Su&e!'(#!( th( 14
th
$a/ #% 5u,/ 6417,
That Cha&te! 13.5 #% the Fauque! C#u)t/ C#$e +e, a)$ ( he!e+/, a.e)$e$ a)$ a$#&te$, 0h*h
Se*t#)( (ha,, !ea$ a( %#,,#0(8

FAUQUIER COUNTY CODE
Chapter 13.5 NOISE
Sec. 13.5-1. Declaration o polic!. "iolation# o chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a
Class 4 misdemeanor.
The Board hereby finds and declares that certain audible and discernible sounds are a serious
hazard to the public health, safety, welfare and the quality of life of the citizens of Fauquier County
that the people have a ri!ht to and should be ensured an environment free from such sound that
may "eopardize the public health, safety, and welfare or de!rade the quality of life and that it is the
policy of the Board to prevent such sound to the e#tent such action is not inconsistent with a citizen$s
Constitutional ri!hts.
(Ord. No. 88-3, 6-7-88; Ord. No. 14-___, __-__-2014)
Sec. 13.5-$. %enalt! or &iolation# o chapter. 'eneral prohi(ition#.
The creation of any unreasonably loud, disturbin! and unnecessary noise in the county is prohibited.
%oise as hereinafter defined, of such character, intensity and duration as to be detrimental to the
health, safety or !eneral welfare of any individual is prohibited.
&ny person who violates any provision of this Chapter shall be sub"ect to a civil penalty of '()* for
the first offense and ')** for each subsequent offense. These civil penalties may be char!ed once
for each (4 hour period and each offense char!ed for every (4 hour period shall be deemed a
separate and subsequent offense.
(Ord. No. 88-3, 6-7-88; Ord. No. 14-___, __-__-2014)
+nablin! authority in Code of Virginia , -).(./0*

Sec. 13.5-3. Speciic p %rohi(ition#.
1a2 Noise near scoo!s, os"i#a!s, e#c. The creation of any e#cessive noise on any street
ad"acent to any school, institution of learnin!, library, hospital or sanitarium, or any court while the
same is in session, which unreasonably interferes with the wor3in! or activities of such place.
1b2 Nois$ ani%a!s. 4wnin!, 3eepin!, possessin! or harborin! any animal or animals which
frequently or habitually howl, bar3, meow, squaw3 or ma3e such other noise as is plainly audible
across property boundaries or throu!h partitions common to two 1(2 persons within a buildin!.
1c2 &o'd "ar#ies, "!a$ing of radios, %'sica! ins#r'%en#s, e#c.
1-2 4peratin! or permittin! the use, or operation of any radio receivin! set, musical
instrument, television, phono!raph or any other device for the production of sound between
the hours of -*5** p.m. and 65** a.m. the followin! day, e#cept Friday and 7aturday
evenin!s, when the hours of noise limitation shall be --5** p.m. to 65** a.m. the followin!
day in such a manner as to be plainly audible across property boundaries or throu!h
partitions common to two 1(2 persons within a buildin! or plainly audible at fifty 1)*2 feet from
such device when operated within a motor vehicle par3ed on a public ri!ht.of.way or in a
public place.
1(2 The conductin! of any loud party, between the hours of -*5** p.m. and 65** a.m.,
e#cept Friday and 7aturday evenin!s, when the hours of noise limitation shall be --5** p.m.
to 65** a.m. the followin! day, with or without radios, musical instruments or stereos in such
a manner as to be plainly audible across property boundaries or throu!h partitions common
to two 1(2 persons within a buildin! or plainly audible at fifty 1)*2 feet from such device.
1d2 (ngine )ra*ing. The creation of any unreasonably loud, disturbin! or unnecessary noise
caused by the application of en!ine bra3es by any driver of a motor vehicle and is not as of a result
a bona fide emer!ency occurrence necessitatin! the application of an en!ine bra3e. &ny violation of
this subsection shall constitute a Class - misdemeanor, which misdemeanor is punishable by a fine
of not more than two thousand five hundred dollars 1'(,)**.**2 or confinement in "ail for not more
than twelve 1-(2 months, or both.
1e2 The collection of trash or refuse in residential use districts between the hours of -* p.m. and
) a.m. the followin! day.

&. %o person shall permit, operate, or cause any source of sound or sound !eneration to create
a sound that is plainly audible in any other person8s residential dwellin! or place of business with the
doors and windows of that residential dwellin! or place of business closed. 9n addition, the source of
sound or sound !eneration must be discernible re!ardless of whether such doors and windows are
closed. :lainly audible means the sound can be heard by the human ear with or without a medically
approved hearin! aid or device. ;iscernible means that the sound is sufficiently distinct such that its
source can be clearly identified.
B. &ny person ownin!, operatin! or controllin! the sound !eneration or source shall be !uilty of
any violation caused by that sound !eneration or source. 9f it cannot be determined which person is
the owner, operator or controller of the sound !eneration or source, any owner, tenant, resident or
mana!er physically present on the property where the violation is occurrin! is sub"ect to a rebuttable
presumption that they are the one operatin! or controllin! the sound !eneration or source.
C. The followin! activities that create sound that is plainly audible within the residential dwellin!
or place of business of another, with the doors and windows of such residential dwellin! or place of
business closed, are only a violation of this chapter as specifically set out and prohibited below5
1-2 Use of a loudspea3er, radio, musical instrument, stereo or other sound amplification
device between the hours of -*5** p.m. and 65** a.m., e#cept Friday and 7aturday evenin!s, when
the hours of noise limitation shall be --5** p.m. to 65** a.m. the followin! day.
1(2 Conductin! any loud party, between the hours of -*5** p.m. and 65** a.m., e#cept
Friday and 7aturday evenin!s, when the hours of noise limitation shall be --5** p.m. to 65** a.m.
the followin! day, with or without radios, musical instruments or stereos.
1<2 4wnin!, 3eepin!, possessin! or harborin! any animal or animals which ma3e sound
which is plainly audible for more than five consecutive minutes without interruption of more than -*
seconds.
142 The operation of off.road or recreational vehicles not used for a!ricultural purposes
between the hours of 65** p.m. and /5** a.m.

(Ord. No. 88-3, 6-7-88; Ord. No. 02-07, 10-21-02; Ord. No. 0+-06, 7-+-0+; Ord. No. 14-____, __-__-2014)
Sec. 13.5-). E*e+ption#.
&. The followin! activities shall be e#empt from the provisions of this chapter5
1-2 &nimal shelters or 3ennels which were in e#istence prior to =une 6, -/00 as of the date of
adoption of this chapter.
1(2 7portin! events or other activities operated and conducted under the auspices of an official
or!anization such as a hunt club, civic or!anization, hi!h public or private school or that which
occurs on or in any municipal, county, state, federal property or facility.
1<2 &!ricultural activities associated with crops, livestoc3, and livestoc3 products, includin! field
crops, fruits, ve!etables, horticultural specialties, cattle, sheep, domesticated !ame animals, ho!s,
!oats, horses, poultry, mil3, honey, e!!s, aquaculture, timber includin! Christmas trees, and do!s
wor3in! or bein! trained to wor3 in con"unction with any a!ricultural activity.
142 &utomobile races at commercial facilities before -*5** p.m., e#cept Friday and 7aturday
evenin!s, which will be before --5** p.m.
1)2 >awful huntin! or any other lawful dischar!e of firearms.
1?2 Cloc3s, Bells, carillons, and other calls to worship emanatin! from a public buildin!, church
or place of worship.
162 %oise !enerated by a business on industrially zoned property.
102 @ailroads and any sound emanatin! from any area permitted by the Air!inia ;epartment of
Bines, Binerals and +ner!y or any division thereof.
1/2 The emission of sound for the purpose of alertin! persons to the e#istence of an emer!ency,
provided that such alarm si!nals cease once any threat is no lon!er imminent.
1-*2 The emission of sound in response to any emer!ency situation by law enforcement, fire and
rescue personnel or any other public employee.
1--2 Use and operation of any equipment to remove snow or ice.
1-(2 4peration of bac3up !enerators durin! power outa!es resultin! from storms or other
emer!encies.
1-<2 Ceat pumps andDor air conditioners operated in accordance with manufacturer8s
specifications.
1-42 +lectric !ara!e door openers when property installed and operated accordin! to
manufacturer8s specifications and alarms or noise emanatin! from a motor vehicle when loc3in! or
unloc3in! such vehicle.
1-)2 Botor vehicles travellin! on a public ri!ht of way and any other activities for which the
re!ulation of noise has been preempted by federal or state law.
1-?2 &ny noise associated with a use permitted by the issuance of 7pecial +#ception or 7pecial
Use :ermit for that use on the sub"ect property.
B. The followin! activities or sources of sound shall be e#empt durin! the hours of 6 a.m. to -*
p.m., unless specifically noted otherwise, from the prohibitions in this chapter5
1-2 &ctivities related to the construction, repair, maintenance, remodelin! or demolition, !radin!
or other improvement of real property, e#cept no such activities shall commence before / a.m. on
7aturdays, 7undays and federal holidays.
1(2 Eardenin!, lawn care, tree maintenance or removal, and other landscapin! activities.
1<2 @efuse collection and sanitation services, e#cept that refuse collection and sanitation
services may be!in at )5** a.m.
142 Testin! of audible si!nal devices which are employed as warnin! or alarm si!nals in case of
fire, emer!ency, theft, or bur!lary, or imminent dan!er, e#cept such testin! shall not occur after 05**
p.m.
(Ord. No. 88-3, 6-7-88; Ord. No. 14-____, __-__-2014)
Sec. 13.5-5. Se&era(ilit!, pri&ate n-i#ance action# pre#er&e., enorcea(ilit!.
1a2 9n the event that any portion of this chapter is declared unconstitutional, invalid, or
unenforceable for any reason, such declaration shall not affect the validity or enforceability of any
other portion of this chapter.
1b2 %othin! in this chapter is intended to preclude private actions to abate or en"oin nuisances.
The enforcement of this chapter by public officers shall not be a precondition to the brin!in! of an
action to restrain, abate or en"oin such nuisance. Further, nothin! in this Chapter shall preclude a
private citizen from obtainin! a ma!istrate8s summons based upon a probable cause determination
by the ma!istrate8s office.
1c2 This chapter may be enforced by the zonin! administrator or any zonin! inspector of
Fauquier County, or by the sheriff or any deputy sheriff of Fauquier County.
1d2 The provisions of this chapter are cumulative and not e#clusive and shall supplement and be
in addition to any noise performance standards or other standards set in the zonin! ordinance of
Fauquier County. 9t shall not be necessary to utilize a sound measurement device to determine the
precise decibel level of many sounds which are the sub"ect of this chapter.
(Ord. No. 88-3, 6-7-88; Ord. No. 14_____, __-__-2014)


F44T%4T+1725

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Editor's noteOrd. No. 88-3, ado"#ed ,'ne 7, 1+88, a%ended #e Code )$ adding "ro-isions designa#ed as C. 20,
. 20-1/20-0. 1n order #o %ain#ain #e a!"a)e#ica! se2'ence of ca"#ers, said "ro-isions a-e )een inc!'ded erein
as C. 13.0, .. 13.0-1/13.0-0, a# #e discre#ion of #e edi#or. (3ac*)
Cross reference 4ni%a!s and fo5!, C. 4; n'isances, C. 14. (3ac*)