(a) No person shall, in a public place, any State or Municipal office or office building or any other property owned, leased, occupied, or controlled by the State or Municipality, a mobile home park, a public parking area, a common area of an apartment building or dormitory, or a common area of a privately owned commercial shopping center, mall, or other group of commercial retail establishments, disturb the peace of others by violent, profane, indecent, or boisterous conduct or language, or by the making of unreasonably loud noise, 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 disorderly conduct, a misdemeanor: Provided, that nothing in this subsection should be construed as a deterrence to the lawful and orderly public right to demonstrate in support or protest of public policy issues.
(b) Noise Prohibited; Generally. Subject to the exceptions set forth below, no person shall make, continue or cause to be made any noise as defined herein.
(c) Noise Prohibited; Motor Vehicles, Motorcycles, and Motorboats.
(1) All motor vehicles, motorcycles, and motorboats shall be operated as quietly as possible at all times within the City. No person shall operate any motor vehicle, motorcycle or motorboat in such a manner so as to cause unnecessary noise within the City.
(2) No person operating or occupying a motor vehicle on a street or highway shall amplify from within the motor vehicle the sound produced by a radio, tape player, or other mechanical sound making device or instrument used for entertainment, so that the sound is plainly audible at a distance of twenty-five (25) feet or more from the motor vehicle.
(3) No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle, motorcycle or motorboat operated within the city.
(4) No person shall operate, or permit the operation within the city of any motor vehicle, motorcycle, or motorboat without factory installed mufflers or their equivalent; provided that if no factory installed or equivalent muffler was present at the time of manufacture of the motor vehicle, motorcycle, or motorboat, then sound emanating from the motor vehicle, motorcycle, or motorboat shall be effectively muffled in a reasonable manner by equipment so constructed and used to muffle sound.
(5) No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle or motorcycle operated within the City.
(6) No person in actual physical control of a motor vehicle within the City shall use a dynamic braking system unless said use is necessary to prevent or avoid an accident that may cause property damage, injury, or loss of life. This provision shall not apply to fire trucks or other emergency vehicles equipped with a dynamic braking system.
(d) Noise Prohibited; Dwelling. No person occupying a dwelling within the City shall amplify from within the dwelling the sound produced by a radio, tape player, television, computer, or other mechanical soundmaking device or instrument used for the purposes of entertainment, so that the sound is plainly audible at a distance of twenty-five (25) feet or more from the dwelling.
(e) Noise Prohibited; Business. No person or entity operating a business with the City permit loud, boisterous or disorderly conduct of any kind upon its premises or to permit the use of loud musical instruments if either or any thereof may disturb the peace and quietude of the community wherein such business is located.
(f) Noise Prohibited; Animals.
(1) No person shall keep or harbor any dog, cat, fowl, or other animal, within the municipality which, by frequent and habitual howling, yelping, crying, squalling, crowing, barking or otherwise, creates unreasonably loud and disturbing noises of such character, intensity, and duration as to disturb the peace, quiet and good order of the municipality. Such animals are hereby declared a public nuisance. Any person who shall allow any animal habitually to remain, be lodged, or fed within any dwelling, building, yard, pen, coop, stable, or enclosure which he occupies or owns, shall be considered as harboring such animal in violation of this Code.
(2) Whenever any person shall complain to the police department that a dog, cat, fowl, or other animal which habitually howls, yelps, cries, squalls, crows, barks or otherwise creates unreasonably loud and disturbing noises and is being kept in violation of subsection (f)(1) above, the police department shall notify the owner of said animal that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping, crying, squalling, crowing, or barking.
(3) If the warning given to the person alleged to be keeping an animal as set forth in subsection (f)(2) above is ineffective, then a verified complaint of at least two (2) citizens, not from the same family or household, or by a City police officer, may be presented to the municipal judge, alleging that a dog, cat, fowl, or other animal who habitually howls, yelps, cries, squalls, crows, barks, or otherwise creates unreasonably loud and disturbing noises is being kept by any person within the City. The police department shall inform the owner of such animal or the owner of the property at which the animal is kept or harbored that said petition has been filed and shall cite the owner of the animal or owner of the property at which the animal is kept or harbored for the violation alleged in said petition.
(g) Noise Exemptions. The following are exempt from the provisions of this section:
(1) Noise resulting from emergency or necessary maintenance work as performed by the City of Lewisburg or its political subdivisions, or public utility companies, including, but not limited to, any work of any kind on roads, streets, bridges, alleys, rights-of-way, or government owned property;
(2) Noise resulting from any emergency vehicle, when responding to an emergency call or acting in time of emergency, or during training exercises and maintenance;
(3) Noise from a burglar or fire alarm installed on any building, motor vehicle, or other property so long as the alarm terminates its operation within five (5) minutes of its activation; provided that it shall be deemed reasonable for an activated alarm to continue to operate if a crime or fire is in progress at or near the property and/or until law enforcement or other emergency personnel have responded to a legitimate call for assistance related in any way to the property at which the activated alarm is located;
(4) Noise from domestic power tools, landscaping, and yard maintenance equipment, and agricultural equipment when operated between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 8:00 a.m. and 9:00 p.m. on weekends and legal holidays;
(5) Noise from commercial or industrial power tools, landscaping and yard maintenance equipment, and agricultural equipment on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 8:00 a.m. and 9:00 p.m. on weekends and legal holidays;
(6) Noise from church bells and chimes when used as part of a religious observance or service or for national celebrations or public holidays, and those bells and chimes that are presently installed and in use, provided said use is reasonable and for a church related purpose;
(7) Noise generated during the normal course of business by any properly licensed commercial or industrial enterprise operating lawfully within an area properly zoned for said enterprise, unless or until said lawful business use is deemed abandoned as a matter of law or fact;
(8) Noise from construction, drilling, earthmoving, excavating, or demolition activity provided all motorized equipment used in such activity is equipped with functioning mufflers;
(9) Noise from snow blowers, snow throwers, and snowplows when operated with a muffler for the purpose of snow removal;
(10) Noise generated in situations within the jurisdiction of the Federal Occupational Safety and Health Administration;
(11) Noise generated from City sponsored or approved celebrations or events, including, but not limited to, parades, outdoor concerts, and athletic events;
(12) Noise generated from secondary school and higher education sponsored or approved celebrations or events, including, but not limited to, outdoor concerts or band festivals and outdoor athletic events and practices;
(13) Noise produced by a governmental body or employee in the performance of a governmental function;
(14) Noise generated from athletic events or practices;
(15) Noise generated from railroads within the City;
(16) Noise generated from the ignition, discharge, detonation, or other use of fireworks when such use is sponsored or approved by the City;
(g) Definitions. For purposes of this section:
(1) "Mobile home park" means a privately-owned residential housing area or subdivision wherein the dwelling units are comprised mainly of mobile homes and wherein the occupants of such dwelling units share common elements for purposes of ingress and egress, parking, recreation, and other like residential purpose.
(2) "Mobile home" means a moveable or portable unit, designed, and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The terms includes:
A. Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity, and
B. Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
(3) "Public parking area" means an area, whether publicly or privately owned or maintained, open to the use of the public for parking motor vehicles.
(4) "Noise" means any sound of such character, level, or duration: (1) which may be injurious to human health or welfare; or (2) which unreasonably interferes with the enjoyment of life or property throughout the City or in any portion thereof; or (3) which disturbs the good order or quiet of the community; or (4) which annoys or disturbs a reasonable person of normal sensitivity.
(5) "Motor vehicle" means any self-propelled vehicle including, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, recreational vehicles, campers, racing vehicles, all-terrain vehicles (ATVs), utility-terrain vehicles (UTVs), and side-by-sides.
(6) "Motorcycle" means every motor vehicle having a seat or a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding a tractor.
(7) "Motorboat" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, propelled by an electric, steam, gas, diesel or other fuel propelled or driven by motor, whether or not the motor is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the Bureau of the United States government or any federal agency successor thereto.
(8) "Dynamic braking system" means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes, which devices are commonly referred to as "Jacob's brakes" or "jake brakes."
(9) "Muffler" means a properly functioning sound dissipative device or system for abating the sound of escaping gasses on equipment where such a device is part of the normal configuration of the equipment.
(10) "Fireworks" shall have the same meaning as defined in W. Va. Code Section 29-3E-2, but shall not include sparkling devices, novelties, toy caps, or model rockets.
(W. Va. Code § 61-6-1b; Ord. 309. Passed 10-18-22.)