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HomeMy WebLinkAbout2009-15Ordinance 2009-15 Ordinance Amending Section 38, Article II Of The Town Code ADOPTED: September 1, 2009 EFFECTIVE: September 1, 2009 ORDINANCE 2009-15 ORDINANCE AMENDING SECTION 38, ARTICLE II OF THE TOWN CODE WHEREAS, the Virginia Supreme Court recently issued a ruling that declared noise ordinances based upon a standard of reasonableness unconstitutional; and, WHEREAS, the Town Council of the Town of Pulaski, Virginia has found it necessary to amend the Town Code to bring it in compliance with the aforementioned decision of the Virginia Supreme Court so as to promote the public health, welfare and safety of the community; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 1gt day of September 2009, that Section 38, Article II of the Code of Ordinances, Town of Pulaski, Virginia is hereby amended as follows: Sections 38-31 through 38-34, inclusive shall be and hereby are repealed, and Section 38-31, below, is enacted: Sec.38-31. Sound It shall be unlawful to create or continue any sound, whether from a stationary source or a mobile source, that is audible without mechanical assistance at the property boundaries of any parcel or lot, or in excess of twenty-five (25) feet of the source, whichever is greater. The following sources and sounds are exempt from this ordinance: 1. bells or chimes from any house of worship, clock, or school; 2. factory whistles or sirens; 3. lawful parades; 4. school activities on school grounds; 5. locomotive bells, whistles, or horns; 6. sounds made to alert others to peril or other need for caution; and 7. events sponsored or co-sponsored by the Town. Any person violating this Section shall be subject to imprisonment of not more than ten (10) days, or to a fine of not more than Five Hundred Dollars ($500.00), either or both; and a separate offense shall be deemed committed on each day in which a violation occurs or continues. This ordinance is effective upon adoption and is hereby adopted this 1St day of September 2009 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: David L. Clark Larry G. Clevinger, II H.M. Kidd - Aye Joel B. Burchett, Jr. - No - Aye Robert A. Bopp -Aye - Aye Morgan P. Welker - No THE TOWN OF PULASKI, VIRGINIA BY: rey S. Worrell, Mayor ATTEST: Patricia Cruise, Clerk of Council I, Patricia Cruise, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that the foregoing Ordinance 2009-15, Amending Section 38, Article 11 Of The Town Code is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on September 1, 2009. _. c.J ~ ' Patricia Cruise, Clerk of Counci!