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Henrico approves new noise laws

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Henrico County's Board of Supervisors unanimously approved a new noise ordinance tonight, effective immediately.


It sets standards for noise during day and night, sets fines for violators and includes exemptions for when some noises are acceptable.


It uses a "plainly audible" standard, which is based on distance from the source.


The county is following the steps of several other Virginia localities that have changed their noise laws in response to a Virginia Supreme Court decision that found a Virginia Beach noise ordinance to be unconstitutionally vague. That city's ordinance used a "reasonable person" standard, as did Henrico's.


Chesterfield County adopted a new ordinance last year, and Richmond approved its new law yesterday. Hanover County is revising its ordinance.


Henrico's ordinance will restrict noises from social gatherings, sound-producing devices, peddlers and lawn care from 11 p.m. to 7 a.m. Trash collection noise will be prohibited from midnight to 6 a.m., and construction noise from 11 p.m. to 6 a.m. Animal and car stereo noise restrictions will be enforced 24 hours.


Exempted is lawn care at recreational facilities, including golf courses and playing fields, where work must be done early in the morning.


The new ordinance will be enforced two ways: A police officer will be able to cite individuals who break the law if the noise is made in the officer's presence, and residents will be able to bring a case before a magistrate, who may issue a summons.


The new ordinance sets a maximum fine of $500 for the first offense, a maximum of $1,000 for a second offense within five years of the first, and a maximum of $2,500 for subsequent offenses.


In other action, the board authorized the county to start condemnation proceedings for five properties needed for the construction of the North Gayton Road extension project. Contact Luz Lazo at (804) 649-6058 or llazo@timesdispatch.com.



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