Public Hearing Set for Proposed New Noise Ordinance for Fairfax County

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Is that neighbor’s leaf-blowing machine driving you nuts? There may soon be a crackdown coming when it comes to noise in your neighborhood.

Fairfax County on Tuesday took the next step needed to put in place a new noise ordinance, covering everything from lawn mowers, barking dogs, loudspeakers at athletic fields, and industrial operations. Here’s what the county has outlined, in a news release:

The Board of Supervisors on Tuesday authorized a public hearing on the proposed county code. The public hearing is expected to take place on May 12. If approved, the new rules will replace the existing Noise Ordinance, as well as the interim rules passed in December 2013, as the county worked to craft a more comprehensive set.

As they formulated the proposal, officials said they tried to find a balance between daily life and quality of life. The rules recognize that daytime activities, like mowing the lawn or school athletic games, inevitably generate noise. However, these noises are prohibited at night.

Overall, the rules prohibit noises during specific hours and set maximum decibel levels. These maximums are based on location, time and type of sound. They also distinguish between “continuous” sounds that drone on constantly, like air conditioning units, and “impulse” sounds that make quick bursts of very loud noise, like a pile driver.

In residential areas, for example, noises are capped at 60 decibels from 7 a.m. to 10 p.m. At night, the maximum drops to 55 decibels from 10 p.m. to 7 a.m. These levels clock in at the range for normal conversation—less than the 70 decibels typical for a vacuum cleaner.

The proposal calls for specific noises to be prohibited during certain hours, including:

• Using a loudspeaker or amplifier outside Sunday through Thursday between 10 p.m. and 7 a.m., and between 10 p.m. and 9 a.m. on Fridays, Saturdays and the day before a federal holiday.
• Operating power lawn equipment, including lawn mowers,: (a) between 9 p.m. and 7 a.m. when operating the equipment within 100 yards of a dwelling; or (b) between 9 p.m. and 6 a.m. when operating the equipment 100 yards or more from a dwelling; or (c) between 9 p.m. and 5:30 a.m. for golf course maintenance when operating the equipment 50 yards or more from a dwelling; or (d) between 9 p.m. and 7 a.m. for golf course maintenance when operating the equipment less than 50 yards from a dwelling. However, on all properties, the operation of leaf blowers is prohibited between 9 p.m. and 7 a.m.
• Fixing cars or mechanical devices outside between 9 p.m. and 7 a.m.
• Collecting trash or recycling within 100 yards of a residence between 9 p.m. and 6 a.m.
• Loading or unloading trucks outside within 100 yards of a residence between 9 p.m. and 6 a.m.
• Using dog parks Sunday through Thursday between dusk and 7 a.m. or on Fridays, Saturday or the day before a federal holiday between dusk and 8 a.m.
• Barking, howling, meowing, squawking or quacking animals between 10 p.m. and 7 a.m. when it can be heard inside a home with its doors and windows closed, or if these sounds can be heard [between] 7 a.m. and 10 p.m. for more than two minutes during a 10-minute period.

Based on community concerns, the rules also set a ceiling on noise from school and park athletic fields. The overall noise from loudspeakers, instruments, music and crowds may not exceed a maximum decibel level when measured from the property boundary. Although the maximum level of 72 decibels is recommended by county staff, the board may consider any level between 60 and 72 decibels.

To come up with this maximum, the county measured the sound at football games at Hayfield, McLean, and Centreville High Schools. The cumulative sound at these games reached 70 to 75 decibels. This range was about the same as the noise from the surrounding traffic near these athletic fields.

To enforce the law, the county may seek civil and criminal penalties against violators, as well as court orders to prohibit current and future noise. Civil penalties start at $250, rising to $500 for subsequent offenses. Criminal convictions would be a misdemeanor.

Fairfax County undertook an overhaul of its noise rules due to a Virginia Supreme Court ruling. The court ruled against the City of Virginia Beach’s nuisance noise provisions. Their rules based enforcement on a subjective, “reasonable person” standard, instead of decibel measurements. Because Fairfax, along with other Virginia governments, used similar criteria, the county rewrote its law.

If the new ordinance is passed, it will become law the day after the public hearing, currently expected on May 12.

For more information or details on the proposed rules, visit the Department of Planning and Zoning’s Noise Ordinance Amendment web pages or call 703-324-1314, TTY 711.

PHOTO: LandscapeOnline.com/Forestry Suppliers