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.