(a) Noise-Declaration of Policy. No person, group, organization or business shall cause or create any unreasonable or improper noise or disturbance, injurious to the health, peace or quiet of the residents and property owners of the town of Paden City during night time hours.
At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of inhabitants of the city and in public interest, noise should be restricted. It is therefore the policy of the City of Paden City to reduce noise from all sources subject to its policy power.
(b) Definitions.
(1) “Excessive Sound” means noise that exceeds 80 decibels at night time hours at a distance greater than fifty (50) feet.
(2) “Night Time Hours” means:
A. Weekday, Sunday through Thursday from 10:00 p.m. to 6:00 a.m. the following morning; and,
B. Weekend, Friday and Saturday from 11:00 p.m. to 6:00 a.m. the following morning.
(c) Noise Disturbance Prohibited Generally. It shall be unlawful for any person, group, organization or business to make, continue or cause to be made or continued any loud sounds, that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the City of Paden City, and which is plainly audible to a person of normal hearing ability more than fifty (50) feet from the point of origin of this sound, noise or music during night time hours.
(d) Exceptions. The following shall have no application to any sound generated by any of the following:
(1) Sound which is necessary for the protection or preservation of property or the health, safety, life or limb of any person.
(2) Any other noise resulting from activities permitted by law or for which a license or permit has been granted by the City of Paden City or the State of West Virginia.
(3) Garbage collection.
(4) Emergency repairs that deal with health or safety risk and emergency generators or powered equipment used during a power outage or other emergency.
(5) Emergency warning devices such as fire alarms, burglar alarms, warning devices on emergency vehicles and train horns.
(6) Special events in which the City has issued a Special Events Permit that specifically allows noise levels to be exceeded.
(e) Waivers.
(1) Temporary waiver.
A. The Council may waive any part of this noise section for a temporary event if, in the sole judgement and discretion of the Council, the noise the event will create or cause in excess of the noise level limits established under this section is offset by the benefits of the event to the participant or the public and the noise of the event will not cause undue hardship or disturbance to the surrounding area. The Council may impose terms and conditions appropriate to reduce the impact of the noise level exception of the grant of a temporary waiver.
B. An application for a temporary waiver shall be filed with the City Recorder. The applicant shall certify that notice of such temporary waiver application has been provided to all properties contiguous to the property where the event will occur, and to all properties opposite said property measured at right angles to the intervening street or streets. The application for a temporary waiver shall not be approved less than ten (10) days after the notice required under this subsection has been given.
(2) General waiver.
A. The Council may waive any part of this section if the Council determines that compliance in a particular case is not practical and would impose undue hardship.
B. An application for a general waiver shall be filed with the City Recorder. The City Recorder shall notify the Council of the receipt of an application for a general waiver and the Council shall schedule a public hearing on the application within sixty (60) days of such notification.
(f) Hearing. At least thirty (30) days before the public hearing, the Council shall advertise the hearing as a Class II legal advertisement in a newspaper of general circulation. The applicant shall post a sign on the property which is the location of the noise source and mail or deliver notice of such general waiver application to all properties contiguous to the property which is the location of the noise source, and to all properties opposite said property measured at right angle to the intervening street or streets.
Based upon the evidence presented at the public hearing and other reliable information, the Council may grant a waiver upon such terms and conditions and for such period of time as the Council deems appropriate to reduce the impact of the noise level exception.
(g) Severability and Repeals.
(1) If any provision or portion of a provision of this section is held to be unconstitutional, pre-empted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this section shall not be invalidated.
(2) All sections or parts of ordinances that are inconsistent with any provision of this section are hereby repealed as to the extent of such inconsistencies.
(h) Penalty for Violations.
(1) Any person, group, organization or business found violating any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed one hundred dollars ($100.00) or imprisonment more than thirty (30) days, or both. Each subsequent violation constitutes a separate offense and they shall be fined not more than five hundred dollars ($500.00) for each citation/complaint written.
(2) No provision of this section shall be construed to impair any common law or statutory course of faction or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law. (Passed 8-11-11.)