Intro to Noise Ordinance Laws
Noise ordinance laws have one primary goal: to prohibit excessive and unreasonable noise. (Often, legislators and regulators are too nuanced in these laws. Thus, despite the subjective nature of noise, administrators of noise ordinance laws would benefit from being more simplistic in the regulation so that there are no gaps in enforcement.) In general, noise ordinance laws are applied in urban areas to promote the coexistence between people and commercial and industrial entities in public and private places. That is , the laws recognize that certain kinds of excessive noise can be a nuisance in urban settings, inhibit commerce, and adversely affect quality of life. In West Virginia, noise ordinance laws have been enacted to control noise levels that negatively impact the health, safety, and comfort of the local population. They apply to excessive noise, body noise, motor vehicle and truck noise, train noise, and highway noise.
Requirements in West Virginia
When it comes to the specific requirements and restrictions outlined by noise ordinances in West Virginia, all counties effectively follow the same guidelines. While approved hours may differ based on the municipality, the maximum acceptable noise level, as defined by West Virginia Code, is 55 decibels for daytime hours and 45 decibels for nighttime hours. The same code states the following:
"`[N]oise levels in excess of such areas’ ambient noise level by 10 dB(A), will be prima facie evidence of a noise disturbance; provided, that at the request of the defendant, the prosecution shall require the state police or sheriff’s department to establish such ambient noise level through reliable and accurate measurements."
A few areas, including Jefferson County’s agricultural zone, have different height requirements from the general prerequisites in West Virginia, but these are the only exceptions. As for the hours outlined by the noise ordinance in West Virginia, you will find the most restriction in municipalities along with the West Virginia Turnpike. For these areas, noise is prohibited from 9 p.m. to 7 a.m. on weekdays and from 9 p.m. to 9 a.m. on weekends and holidays.
Exceptions to Noise Ordinance Laws
West Virginia noise ordinance laws contain a number of exemptions for certain activities. The first is found in W. Va. Code § 20-20-1, which states that the act "does not apply to any person who engages in the activities permitted in this section". Those activities are as follows:
- (1) Engaging in bona fide agricultural operations, such as farming, harvesting or silviculture which do not constitute a nuisance;
- (2) Engaging in construction, maintenance or repair work performed pursuant to a permit issued by a governmental authority during the hours of 7:00 A.M. and 9:00 P.M. on any day except Saturday or Sunday. ‘Construction, maintenance or repair work’ does not include the performance of routine, maintenance or repair work on existing laneways, pipelines, tanks, culverts, gravel pits or other similar activities; provided, however, that construction, maintenance and repair work performed on a holiday shall only be performed when the governmental authority permits its operations on that particular day.
- (3) Engaging in regularly conducted public or private events including but not limited to fairs, bazaars, picnics, celebrations or like activities; provided, however, that operators of facilities located in or near populated areas, such as stadiums, convention centers or arenas shall provide reasonable notification to the public at least ninety days prior to the date of occurrence of any event to be conducted on holidays.
- (4) Conducting emergency management or emergency service activities involving the use of noise-generating equipment necessary for the preservation of public safety; provided, however, that a consistent pattern of repetitively activating sound producing devices unnecessarily may in the discretion of the appropriate governmental officials constitute a nuisance.
(Emphasis added by the author). It is important to keep in mind that these exemptions do not override any ordinances adopted by counties or municipalities that are more stringent.
Noise Ordinance Violations
Penalties for Violating Noise Ordinance Laws
In West Virginia, as in many states, lawmakers have adopted various noise ordinances aimed at curbing or reducing excessive and/or disruptive noise that can be considered a "public nuisance." Generally, local municipalities provide laws and ordinances that regulate and prohibit excessive noise, with a few exceptions. For example, noise created by any sports or athletic events that are sponsored by the state or any political subdivision of the state, including any local boards of education, are excepted from loud and barking noise prohibitions. Public speeches and public meetings, made in accordance with the law, are also approved from noise limitations.
Specifically, excessive noise caused by the playing of radios, television sets, or any other noise creating devices are prohibited by law. Such noise is considered a public nuisance as it unreasonably disturbs the quiet and peace of the general public . Excessive noise from radios or any other noises is prohibited between the hours of 10:00 p.m. and 7:00 a.m. on Sundays and weekdays or 10:00 p.m. and 9:00 a.m. on Saturdays and the day following other legal holidays.
Violators of excessive noise laws are subject to both fines and legal action, including suits for nuisance. Violation of noise ordinances is punishable by a fine of not less than $10 nor more than $100. If the violation continues, the circuit court may impose a penalty of not less than $5 for each day which a violation is committed or continued. Additionally, the court may award to each plaintiff who successfully sues for a permanent injunction, wide enough to completely protect a plaintiff from the substantial danger of repeated and continuing injury from future violations of the relevant statutes.
In addition to financial penalties, violators may also face misdemeanor charges with the possibility of 30 days imprisonment.
Enforcement and Reporting to Authorities
As with most laws and ordinances, noise regulations in West Virginia are enforced by local law enforcement entities, such as the police or sheriff’s departments. These authorities are generally responsible for investigating complaints and determining whether a violation of the noise ordinance has occurred. For example, the City Code of Morgantown empowers the city police department to enforce its noise-related ordinances and grants authority to cite violators. When responding to a noise complaint, the Morgantown police may use sound recording equipment to measure the noise levels in question. If a violation is determined, the police have the discretion to issue a citation for the infraction. In West Virginia, ordinance violations are generally considered misdemeanors. This means that violators could be subject to fines and other penalties. However, it’s important to keep in mind that interpretations and application of laws can vary depending on the type of case and jurisdiction involved. In any case, both the enforcement and implementation of noise regulations will largely depend upon local leadership and approach to this type of ordinance. If you suspect that a noise ordinance violation is taking place in your community or neighborhood, you can report it to your local law enforcement agency. Depending on the municipality, you might be able to file a complaint online or submit a written complaint to the police department. Failing that, you can certainly call your local police department and inform them of the alleged violation. Be sure to record all relevant information about the issue so that law enforcement officials have enough data to fully investigate your complaint.
How to Follow the Noise Ordinances
In many cases, you may be able to avoid enforcement action against you for a noise ordinance or generator noise violation, by taking some simple, common sense steps.
First, make a concerted attempt to determine the exact details of the law or ordinance that you may be violating. This may include: a. the times of the day at issue from the ordinance, b. the noise level that you may not exceed, and c. any other provisions within the noise ordinance or generator noise law that may pertain to you. Speaking with your local authorities can help in this step and can help educate you on the rights of the citizen and the enforcement power of the ordinance.
Second, be a good neighbor! In many instances, your neighbors will advise you politely to turn down the volume or turn off the noisy generator, so you may only need to make a simple adjustment that will lead to peace between you and your neighbors or a local citizen. In other cases, there may be local noise board that is delegated the power to resolve noise ordinance issues such as a noise mediation board.
Third , use your common sense. If your neighbor complains that your excess noise is bothering them, take a moment to hear their complaint and do your best to act reasonably, then all will likely be resolved amicably.
Fourth, and finally, talk to your local authorities. If you have no idea why your noise would be considered a violation, or if you believe that your noise is not a violation, then speak to your local authorities, such as your county Sheriff or City Police Department.
If it is an ongoing issue, you may want to make sure you have all of your "ducks in a row" prior to making the call. For example, you could keep a log or written record of the history of the problem, so that facts can be relied upon in the future. You may want to try your best to not be confrontational, if possible.
Again, if there was a clear law that you are violating, and you cannot comply, then you may need to pass that along to your attorney for assistance.