Sec. 26-55. Prohibited noise, generally.
(a) Prohibited noise. No person shall create or cause the creation of any noise so as to disturb or disrupt the peace and quiet of reasonable persons in the City of Lynchburg.
(b) Maximum sound pressure levels. No person shall operate or permit to be operated any noise source which generates a sound pressure level exceeding the limits set forth in the table entitled "Maximum Sound Pressure Levels" when measured at or outside the property boundary of the noise source or at any point within any other property affected by the noise. When a noise source can be identified and its noise measured in more than one (1) district classification, the limits of the most restrictive classification shall apply.
(c) Noise sensitive zones. No person shall operate or permit to be operated any noise source on any street or on any property adjacent to any school, institution of learning or court, while the same is in session, or adjacent to any building used as a place of public worship while being so used, or adjacent to any hospital which unreasonably interferes with the workings of such school, institution or court or the services being conducted in such place of worship or which disturbs or unduly annoys patients in such hospital.
(d) Enumerated acts. No person shall engage in any of the following acts, among others, which are declared to be loud disturbing and unnecessary noise in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) Sound producing devices. No person shall operate or permit the playing of any radio, television set, music sound system, audio player, radio receiving set, music playing device, sound producing device, musical instrument or any similar device which produces, reproduces, or amplifies sound or any musical instrument on any public sidewalk or right-of-way or on any other publicly owned property or on any privately owned property in such a manner or with such volume to disturb or annoy the quiet, comfort or repose of reasonable persons. (Prohibitions against excessive noise from radios and music systems in motor vehicles are found in section 26-58 of this article and prohibitions against excessive noise from radios and music systems in the public parks are found in section 28-7(B) of the City Code.)
(2) Yelling, shouting, etc. No person on or in any public sidewalk, street or right-of-way or on any other publicly owned property or on any privately owned property shall engage in yelling, shouting, hooting, whistling or singing in such a manner or with such volume as to disturb or annoy the quiet, comfort or repose of reasonable persons.
(3) Loudspeakers, amplifiers, etc. for advertising. No person shall use or permit the use of any musical instrument, radio, phonograph, sound amplifier or device of any kind whereby sound is cast on any highway, street or across property boundaries for the purpose of advertising or attracting the attention of the public to any performance, show, sale or display or merchandise or to any building or structure between the hours of 9:00 p.m. and 7:00 a.m. The use of such devices shall be permitted at other times provided they are not operated in such a manner or with such volume as to disturb or annoy the quiet, peace or repose of reasonable persons.
(4) Shouting and crying of peddlers, etc. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood is prohibited.
(5) Animals. No person shall keep or permit the keeping of any animal which, by causing frequent or long-continued noise, shall disturb the quiet, comfort or repose of the neighborhood to such an extent as to constitute a nuisance.
(e) Exceeding maximum sound pressure levels. The enumerated acts listed in this section are examples of acts that may constitute loud, disturbing and unnecessary noise in violation of the section. However, in order for any of the acts listed in this section to be a violation of the section the noise generated by such acts must exceed the maximum sound pressure levels set forth in section 26-56 of the City Code.(Ord. No. O-91-170, 7-9-91, eff. 9-1-91; Ord. No. O-92-001, 1-14-92; Ord. No. O-11-025, 3-8-11)
Last updated date: 3/11/2011 11:06:37 AM