H. B. 4320


(By Delegates Schadler and Evans)
[Introduced January 31, 2000; referred to the
Committee on the Judiciary.]




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 prohibiting disturbing the peace by making excessive noise; providing criminal penalties; and creating exceptions.

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. Disturbing the peace by excessive noise; penalty; exceptions.

(a) Any person who disturbs the peace of others by excessive noise from any source and who persists in such conduct after being requested to desist by a law-enforcement officer acting in his or her lawful capacity, is guilty of disturbing the peace, a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars for a first offense and fined not more than two hundred fifty dollars for second and subsequent offenses.
(b) The provisions of subsection (a) of this section do not apply to:
(1) Lawful hunting or target shooting, trap, skeet or shooting ranges as defined in section twenty-three of this article;
(2) Bonafide agricultural or business activity;
(3) Any motor racing event at a motor racing facility sanctioned by the national association for stock car auto racing, the association for motor sports, or the United States auto club or any other sporting event sanctioned by the American athletic union, the national collegiate athletic association, the West Virginia high school athletic association, or any sporting event sanctioned by the West Virginia racing commission and other racing or organized events; and
(4) Noises from commercial or industrial activity, lawnmowers and agricultural equipment, noises of safety signals, warning devices and emergency pressure relief valves, noises resulting from any authorized emergency vehicles when responding to an emergency call or acting in time of emergency, noises resulting from emergency work or noise from school bells, church bells or chimes.




NOTE: The purpose of this bill is to make it a misdemeanor to disturb the peace by making excessive noise.

This section is new; therefore, strike-throughs and underscoring have been omitted.