H. B. 4316

(By Delegates Fleischauer and Fragale)
[Introduced January 30, 2002; 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 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 at a distance of two hundred feet from its source.
(b) 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.
(c) The complaints of three 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.
(d) Exceptions 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) Noise resulting from any area designed and operated as a sport shooting range for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting, which area has been approved for such use by the appropriate local governing body.
(7) Sounds generated by natural phenomena; or
(8) Any other noise resulting from activities sponsored or cosponsored by any municipality, the county or the state.
(e) Any person who violates subsection (b) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars.



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.