File #: 22-0207    Version: 1 Name: Vehicle Exhaust Noise Ordinance
Type: Ordinance-Coded Status: Passed
File created: 6/24/2022 In control: City Council Legislative Session
On agenda: 7/13/2022 Final action: 7/13/2022
Title: Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 22, Noise, Article I, Secs. 22-1 and 22-8 to add a prohibition against certain loud vehicles
Indexes: , , General Assembly
Attachments: 1. Presentation, 2. Redline

Title

Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 22, Noise, Article I, Secs. 22-1 and 22-8 to add a prohibition against certain loud vehicles 

 

 

Purpose

PURPOSE/BACKGROUND:

In 2022, the Virginia General Assembly gave localities more authority to regulate noise caused by vehicles operating with unlawful exhaust systems.  Staff has drafted this proposed ordinance pursuant to that new authority.  A violation of this ordinance will be punishable as a traffic infraction. 

 

 

Recommendation:

Rec

Adopt the Ordinance.

 

Body

BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Sections 22-1 and 22-8 of Article I, Chapter 11 of the City Code of the City of Hampton, Virginia be adopted to read as follows:

Chapter 22 - NOISE

 

ARTICLE I. - IN GENERAL

 

. . .

 

Sec. 22-1. - Violations of chapter.

. . .

(b)                      Any person convicted of violating any of the provisions of section 22-3.1 or 22-9 shall be guilty of a misdemeanor, punished by a fine not to exceed $500.00. Any person convicted of a second offense within less than five (5) years after a first offense of section 22-3.1 or 22-9 shall be guilty of a misdemeanor, punished by a fine not to exceed $1,000.00. Any person convicted of a third offense within less than ten (10) years after a first offense of section 22-3.1 or 22-9 shall be guilty of a misdemeanor, punished by a fine not to exceed $2,500.00.  Any person convicted of a violation of section 22-8 shall be guilty of a traffic offense, punished by a fine not to exceed $250.00.

 

. . .

Sec. 22-8. - Excessive noise in operation of vehicles.

It shall be unlawful for any person operating a vehicle within the city which either 1) is equipped with a gutted muffler, muffler cutout, or straight exhaust in violation of Virginia Code  § 46.2-1047, or (2) which is not equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual noise levels in violation of Virginia Code § 46.2-1049, to create in the operation thereof any sound that is audible and discernable at a distance of 50 feet. 

State Law Reference - Code of Virginia § 46.2-1051.