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Anyone know the Noise laws?

Old 11-15-2005, 06:57 PM
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Default Anyone know the Noise laws?

Ok, so I have been through some of this before but never really had an issue.

I have a A$$hole neighbor that is a unhappy man and like to bitch alot.

He gets mad when I work on my cars and start them up.

I have never started or reved anything up after 9pm trying to be a decent guy, but tonight he startes yelling over the fence about 8pm.

He called the Henrico PD but they didnt come speak to me. I did see him run to another neighbors house as the cop was driving off. Maybe there has to be multiple complaints?

I always thought it was 11pm for noise laws... But I want to cover my a$$ should something come up. Im not talking about driving a car, just starting a car in my garage that has race exhaust on it....


Any thoughts? Help?
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Old 11-15-2005, 07:13 PM
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Default Re: Anyone know the Noise laws?

I think in most communities its no loud noises, mowing grass, etc between 9pm and 5am. atleast thats how it is where i live.

Last edited by GripSpec; 11-15-2005 at 07:16 PM.
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Old 11-15-2005, 07:49 PM
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Default Re: Anyone know the Noise laws?

My parents got a letter in the mail threatening that they would be kicked out of their community because I was tuning cars there
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Old 11-15-2005, 07:55 PM
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Default Re: Anyone know the Noise laws?

its 95-100DB from 8am to 11pm in henrico as far as I know, I used to fly RC planes, and the engines were loud and in goochland it was 105 but we looked it up for henrico as well. As far as I know thats the sound limit, don't know about what time its allowed to be that...
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Old 11-15-2005, 09:22 PM
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Default Re: Anyone know the Noise laws?

Originally Posted by ICULOKN
Anyone know the Noise laws?
I read this stuff like porn. Giggity-giggity!

Summary of the below quoted text is that your neighbor can not register a noise complaint with the police. There is no set "quiet time" in Henrico County. As long as the exhaust is going through a street legal exhaust setup and muffler, you're good to go unless the complaining neighbor appears before the magistrate and somehow convinces him that you were revving the engine with the intent to be disruptive. Even so, the violation actually falls under the general provision rather than the one for ordinary vehicles. It's tough to prove that your actions are disrupting the community unless he gets a bunch of your neighbors to sign an affidavit or letter of complaint to present to the magistrate. Oh, and don't do it in front of an officer, falls under different set of rules.

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Henrico County FAQ
"
The County's noise ordinance is found in Chapter 10 of the Henrico County Code. The ordinance prohibits "unreasonably loud, disturbing, and unnecessary noise" and gives several examples. It does not guarantee that citizens will not be disturbed by noise from time to time.

Unlike other ordinances enforced by County inspectors, the noise ordinance requires that the complaining citizen appear before a magistrate to make a complaint. The complainant must also appear in court. We recommend that citizens talk with their neighbors when noise is a problem.
"

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"
ARTICLE III. NOISE*

__________
*Cross references: Amusements, ch. 4; buildings, ch. 6; traffic and vehicles, ch. 22; unnecessary noise in operation of vehicle, § 22-39; zoning, ch. 24.
State law references: Authority to regulate noise, Code of Virginia, §§ 15.1-29.12, 15.1-29.20.

__________

Sec. 10-71. Complaints.
No person shall be charged with a violation of the provisions of section 10-73 unless the complainant appears before a magistrate and requests a summons to be issued. However, when a violation is committed in the presence of a police officer, he shall proceed as provided by section 1-13.
(Code 1980, § 15-10)

Sec. 10-72. Prohibited noise generally.
It shall be unlawful for any person to create any unreasonably loud, disturbing and unnecessary noise in the county. Noise of such character, intensity and duration as to be detrimental to the life or health of any person or to unreasonably disturb or annoy the quiet, comfort or repose of any person is hereby prohibited.
(Code 1980, § 15-8)

Sec. 10-73. Prohibited noises enumerated.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of section 10-72, but such enumeration shall not be deemed to be exclusive:
(1) Horns and signaling devices on vehicles. 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 any other 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; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time.
(2) Radios, phonographs and musical instruments. The playing of any radio, phonograph or musical instrument in such a manner or with such volume, particularly during the hours between 12:00 midnight and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
(3) Noisy animals. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the quiet, comfort or repose of any person in the vicinity to such an extent as shall constitute a nuisance.
(4) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or operated in such manner as to create loud and unnecessary grating, grinding, rattling or other noises.
(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger or other emergency.
(6) Noisy exhausts. The discharge of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine into the open air except through a muffler or other device which will effectively prevent loud and explosive noises therefrom.
(7) Creation of noise near schools, courts or hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning or court while such institution is in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or disturbs or unduly annoys patients in the hospital; provided that conspicuous signs are displayed in such streets indicating that such street is a school, hospital or court street.
(8) Loading, unloading or opening boxes. The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(9) Peddlers and hawkers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(10) Drums, loudspeakers and other attention-attracting devices. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise.
(11) Amplified sound from vehicles. The playing or operation, or permitting the playing, use or operation, of any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound, which is located within a motor vehicle being operated on a public street or alley, and which is audible from outside the motor vehicle at a distance of 50 feet or more. The provisions of this subsection shall not apply to motor vehicle alarms or other security devices, nor to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(Code 1980, § 15-9; Ord. No. 908, 10-11-95)
"

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"Sec. 22-39. Unnecessary noise in operation of vehicle.
(a) Generally. No vehicle shall be loaded with materials likely to create loud noises by striking together, without using every reasonable effort to deaden the noise. The use in, upon or attached to any motor vehicle operating on any street of the county, of any radio, phonograph, musical instrument, bell, whistle, loudspeaker, amplifier or device of any kind whatsoever whereby sound therefrom is cast upon any street to promote or advertise the sale of goods, wares or merchandise, or for the purpose of advertising auction sales, sporting events or other business or things advertised thereby, is prohibited. The provisions of this subsection shall not apply to motor vehicles driven in a duly authorized parade. The use of a loudspeaker on a motor vehicle for making auction sales in streets directly in front of the property then being sold, and entirely outside of the business districts of the county, shall not be construed as a violation of this subsection when such use is limited strictly to the selling at auction of such property.

(b) Motorcycles. It shall be unlawful for any person, in operating a motorcycle within the county, to create in the operation thereof any unreasonably loud, disturbing or unnecessary noise. In operating a motorcycle the following acts, among others, are declared to create loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1) The use of a motorcycle so out of repair as to cause thereby loud and unnecessary grating, grinding, rattling or any of such noises, or any other unnecessary noise.
(2) The practice of unnecessarily racing the motor of a motorcycle while standing or moving, thereby causing unnecessary noise from such motor.
(3) The practice of unnecessarily retarding the spark to the motor and thereby causing unnecessary, loud or explosive noise from the motor.
(4) In starting a motorcycle off from a standing position, the practice of gaining speed unnecessarily quickly and thereby causing unnecessary and loud noise from the motor.
(5) The practice of coming to an unreasonably quick stop with a motorcycle and thereby causing unnecessary grinding of brakes and screeching of tires or either of such noises.
(Code 1980, § 14-15)
Cross references: Noise regulations, § 10-71 et seq.
State law references: Mufflers, Code of Virginia, §§ 15.1-29.12, 46.2-1050.
"

EDIT: Added info about motorcycles, note that the same provision does not specifically apply to cars.

Last edited by Computer_Nerd; 11-15-2005 at 09:31 PM.
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Old 11-16-2005, 04:37 AM
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Default Re: Anyone know the Noise laws?

Thanks for the update guys...

Good info...

It sucks, he is an a$$ for sure. I was replacing a fuel pump last night and had to start it to setup the new pump. Granted my truck is loud, thats why I always try to do it before 9pm. It does have mufflers but I wouldnt call them much of ones. I guess I will have to see what my other neighbor said to him when he went running over there....
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Old 11-16-2005, 06:25 AM
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Default Re: Anyone know the Noise laws?

If you keep the truck in the garage when starting it, instead of on the street or in the driveway, it shows that you were trying to be considerate with the noise level. Noise complaint has no basis.

My neighbor is trying to start a Homeowners Association to enforce community bylaws (required for each new subdivision in Henrico County) against me and a neighbor down the street. He's all nice in person, but has called the county several times against me for stupid crap -- trailer loaded with lumber parked on the street, one of my cars parked on the street across from his driveway (I have a truck, 5 cars, and a trailer), that I haven't driven another of my cars in a month, construction materials on the side of the house on top of the driveway, and even checked to see if I obtained a building permit for my fence. He custom built a $7000 tiny ass shed to match his house in his $13k landscaped back yard, which just so happens to be on a drainage easement. If he wants to fight, he's gonna have that thing moved.
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Old 11-16-2005, 02:18 PM
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Default Re: Anyone know the Noise laws?

Go get 'im.
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Old 11-16-2005, 02:46 PM
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Default Re: Anyone know the Noise laws?

Originally Posted by LowTech1
Go get 'im.
My father got tired of the fines from his own HOA (over $5k) against him. A neighbor supported him and was fined for a scratch on his mailbox. Yeah, a scratch on his mailbox! The past president of his large homeowner's association had something against my father and fined him daily for a lawnmower that sat in his driveway in front of the garage while he was with my mother in the hospital for the last three months. He did some digging, found some unathorized purchases that benefitted a friend of the HOA prez, and ran against the guy for re-election. Last night he won by 3-2 margin. Am sure there will be some changes there.
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Old 11-16-2005, 04:54 PM
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Default Re: Anyone know the Noise laws?

hahaha sounds like my neighbors across the street. We parked my Grandma's car infront of our house once while she was moving, he called the cops on us because we had OUR car infront of OUR house.... you can park your car/truck infront of house house as long as its 10 feet or so away from his mailbox. Thats what we did for a while with the people accross the street. He can't do anything, its not his property (the road infront of his house that is).
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