H. B. 3087
(By Delegates Rodighiero and Louisos)
[Introduced March 12, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto two new sections, designated §61-6-26 and
§61-6-27, relating to the making it a criminal offense to
disturb the peace; providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §61-6-26 and §61-6-
27, to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-26. Disturbing the peace.
(a) It shall be unlawful for any person to disturb the peace,
quite and comfort of any neighborhood by creating any disturbing or
unreasonably loud noise.
(b) It is the intent of this section to prohibit all noises
that are disturbing or unreasonably loud. The types of noises set out in subsection (c) of this section shall not be construed as in
any way exclusive, but merely illustrative.
(c) The following types of noises are declared to be
disturbing the peace, quiet and comfort of the neighborhood in
which they are heard pursuant to this section:
(1) Operating any vehicle at such a speed on a curve or turn,
or accelerating or decelerating such vehicle in such a manner as to
create loud and unnecessary noise through the squealing of tires
upon the pavement, or to cause damage to the roadway;
(2) The sounding of any horn, signal or noise device on any
automobile, motorcycle, bus, truck or other vehicle, in any other
manner or for any other purpose than allowed by the Code of West
Virginia;
(3) The noise from an exhaust system of any vehicle that is
not equipped or constructed so as to prevent any disturbing or
unreasonably loud noise;
(4) The revving of the engine of any motor vehicle while such
vehicle is not in motion, except when done in the course of
repairing, adjusting, or testing it during reasonable hours;
(5) Keeping, harboring or having custody within the State of
West Virginia any dog which barks, howls, or makes noises by day or
night which disturbs the peace and quiet of any person or family
within the neighborhood;
(6) For any person who sells food and drink, at or adjacent to any conveyance, to ring bells, play chimes or an amplified musical
system or to make other noise in any residential area of the State
of West Virginia for advertising purposes between the hours of 8:00
p.m. and 9:00 a.m., and no such noise shall be made when the
vehicle is parked.
(A) For the purposes of this section, an "amplified musical
system" is defined as a mechanical or electrical instrument, or
music producing device, equipped with an electrical amplified or
loudspeaker.
(B) No bells, chimes, or amplified musical system, as defined
shall make noise or music that disturbs the peace or quiet of any
neighborhood or which causes discomfort or annoyance to any
reasonable person of normal sensitiveness residing or working in
the area.
(7) Disturbing or unreasonably loud shouting or crying of
peddlers, hawkers, vendors or newspaper carriers;
(8) The playing or operating of any radio, orchestra, or other
musical device or instrument in a manner that is disturbing or
unreasonably loud to a reasonable person outside the facility or
unit from which the noise emanates;
(9) Disturbing or unreasonably loud shouting, screaming,
wailing or other vocalization that is disturbing or unreasonably
loud to a reasonable person outside th facility or unit from which
the noise emanates;
(10) With malicious and willful intent, disturbing the dignity
or reverential nature of any funeral, memorial service, funeral
procession, burial ceremony or view of a deceased person.
(d) Nothing herein prohibits noises produced by emergency
vehicles, operations or procedures of any kind or at any time, or
prohibits noise produced in the normal conduct of business or
commerce, including construction, provided that such noise
production occurs within the normal and customary hours for the
conduct of such business or commerce and the operation is being
legally conducted within the scope of all ordinances and laws of
the applicable municipality, county, or the State of West Virginia.
(e) Any person who violates any provision of this section, is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined up to $1,000 per occurrence, confined up to six months in
jail, or both fined and confined.
§61-6-27. Disruptive Parties.
(a) Prohibition of parties that disturb the peace.-- No person
may knowingly congregate because of, or participate in, any party
or gathering of two or more people from which noise emanates of
sufficient volume or of such nature to reasonably disturb the
peace, quiet, or repose of other persons.
(b) Authority to disperse noisy party.-- A law-enforcement
official may order all persons present other than the owners or
tenants of the building or place to immediately disperse. It is unlawful for any person to refuse to leave after being ordered to
do so by a law-enforcement officer.
(c) Owner or other tenant responsibility in abatement of
disturbance.-- It is unlawful for any owner or tenant of the
building or place who has the knowledge of the disturbance to fail
or refuse to immediately abate the disturbance.
(d) Any person who violates any provision of this section, is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined up to $1,000 per occurrence, confined in jail up to six
months, or both fined and confined.
NOTE: The purpose of this bill is to making it a criminal
offense to disturb the peace, and provides for criminal penalties
for said offense.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.