Senate Bill No. 447
(By Senators Hunter, Dittmar and Deem)
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[Introduced; referred to the Committee
on the Judiciary.]
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A BILL to amend article six, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one-c, relating to making it unlawful to create certain
excessive, unnecessary or unusually loud noises; providing
for prima facie evidence of violation; creating exceptions;
and providing penalties.
Be it enacted by the Legislature of West Virginia:
That article six, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
one-c, to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-1c. Noise control; penalties.
(a) An "excessive, unnecessary or unusually loud noise" is
defined as any sound regulated by this article which is plainly
audible on adjacent property.
(b) "Person" means any individual, group of individuals,
firm partnership, voluntary association, or private, public, or
municipal corporation, or political subdivision of the state, or
department, bureau, agency, or instrument of federal, state, or
local government responsible for the use of property.
(c) It shall be unlawful for any person to make, continue or
cause to be continued, any excessive, unnecessary or unusually
loud noise, or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of
others.
(d) The complaints of two or more persons, or of one or more
persons, when combined with the complaint of a police officer, is
prima facie evidence that a sound regulated by this section
annoys, disturbs, injures, or endangers the comfort, repose,
health, peace or safety of others, and is in violation of this
section.
(e) Excepted from the provisions of this article are:
(1) Lawnmowers and agricultural equipment;
(2) Noises of safety signals, warning devices and emergency
pressure relief valves;
(3) Noises resulting from any authorized emergency vehicles when responding to an emergency call or acting in time of
emergency;
(4) Noises resulting from emergency work;
(5) Noise from school bells, church bells or chimes;
(6) Any other noise resulting from activities sponsored or
cosponsored by any municipality, the county or the state.
(f) Any person who violates subsection (b) of this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars nor more than one
thousand dollars per day or occurrence.
NOTE: The purpose of this bill is to make it unlawful to
create certain excessive, unnecessary or unusually loud noises;
provide for prima facie evidence of a violation; provide for
exceptions, and to provide penalties.
This section is new; therefore, strike-throughs and
underscoring have been omitted.