Albemarle Logo
File #: 21-428    Version: 1 Name:
Type: Ordinance Status: Public Hearing
File created: 8/13/2021 In control: Board of Supervisors
On agenda: 9/1/2021 Final action:
Title: Ordinance to Amend County Code Chapter 7, Health and Safety
Attachments: 1. Att.A - Proposed Ordinance
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

AGENDA DATE:  9/1/2021

 

TITLE:

Title

Ordinance to Amend County Code Chapter 7, Health and Safety

BODY

 

SUBJECT/PROPOSAL/REQUEST:   Public hearing to consider the adoption of an ordinance to amend County Code Chapter 7, Health and Safety, Article I, Noise

 

ITEM TYPE:  Regular Action Item

 

STAFF CONTACT(S):  Richardson, Walker, Kamptner, Lantz

 

PRESENTER (S):  Greg Kamptner

 

LEGAL REVIEW:   Yes

 

REVIEWED BY: Jeffrey B. Richardson

 

BACKGROUND:  The County regulates noise from activities and land uses under County Code Chapter 7, Health and Safety, and Chapter 18, Zoning; the County regulates continuous sounds from animals (e.g., barking dogs), under Chapter 4, Animals. The noise regulations under Chapter 7 regulate sounds created from specific sources, such as construction and demolition activities, motor vehicles, electronic devices such as sound amplification equipment, and sounds generated near noise-sensitive institutions such as schools, courts, and hospitals. 

 

STRATEGIC PLAN: Mission - To enhance the well-being and quality of life for all community members through the provision of the highest level of public service consistent with the prudent use of public funds.

 

DISCUSSION:  County Code § 7-105 prohibits certain sounds, either during specified hours of the day, if the sound produced from the activity is audible from an identified location or distance from the property line, or a combination of both the time of day and audibility. The proposed ordinance would amend County Code § 7-105 to prohibit sound produced by loud explosive devices, such as air cannons and carbide cannons, that are designed to produce high intensity sound percussions for the purpose of repelling birds, if the sound is audible: (i) from a distance of 100 feet or more from the property line of the parcel on which the device is located; or (ii) from inside a dwelling unit or hotel room. Virginia Code § 15.2-918 enables localities to prohibit these devices. The proposed ordinance also would expressly state that using these devices is not an exempt agricultural activity as otherwise provided in County Code § 7-106.

 

BUDGET IMPACT: There is no expected budget impact.

 

RECOMMENDATION:

Recommendation

Staff recommends that, after the public hearing, the Board adopt the attached proposed ordinance (Attachment A).

 

ATTACHMENTS: 
A - Proposed Ordinance