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 Fairfax County
 Code of Ordinances
 Chapter 108.1. Noise Ordinance.
 Article 5. Exceptions.

§ 108.1-5-1. Exceptions.

Latest version.

  • No provisions of this Chapter shall apply to:

    (a)

    The emission of sound for the purpose of alerting persons to the existence of an emergency, provided that such alarm signals cease once any such threat is no longer imminent.

    (b)

    The emission of sound in the performance of emergency work.

    (c)

    Activities for which the regulation of sound has been preempted by Federal or State law.

    (d)

    Motor vehicles on road right-of-way.

    (e)

    Operation of airplanes and helicopters.

    (f)

    Trains traveling on tracks located in railroad right-of-way or easements, including trains serving an interstate area and trains serving the Washington metropolitan region, and railroad track maintenance.

    (g)

    Back-up generators subject to the following:

    (1)

    The operation of back-up generators during power outages resulting from storms and other emergencies.

    (2)

    The routine testing and maintenance of back-up generators provided that such activity occurs between 7 a.m. and 9 p.m. and the routine testing shall not occur for more than two consecutive or non-consecutive hours in any one day. The testing and maintenance of such generators is prohibited for (i) more than two consecutive or non-consecutive hours in any one day; or (ii) during the hours of 9 p.m. to 7 a.m.

    (h)

    Mechanical equipment, to include heat pumps, air conditioners and swimming pool pumps, located on property containing single family detached or attached residential dwellings that is operating in accordance with the manufacturer's specifications and serves the dwelling and/or permitted accessory structure.

    (i)

    Activities associated with the removal of snow and/or ice from walkways, parking areas and travel lanes.

    (j)

    Impulse sound that does not exceed the maximum impulse sound levels contained in the Maximum Sound Levels Table contained in Sec. 108.1-4-2 above.

    (k)

    Activities related to the construction, repair, maintenance, remodeling or demolition, grading or other improvement of real property between 7 a.m. and 9 p.m., provided that such activity does not exceed 90 dBA in residential areas, and it shall be a violation of this Chapter to commence such activity before 9 a.m. on Saturdays, Sundays, and Federal holidays.

    (l)

    Operation of power lawn equipment:

    (1)

    Between 7 a.m. and 9 p.m. when operated within 100 yards from a residential dwelling; or

    (2)

    Between 6 a.m. and 9 p.m. when operated 100 yards or more from a residential dwelling; or

    (3)

    Between 5:30 a.m. and 9 p.m. for golf course maintenance when operated 50 yards or more from a residential dwelling; or

    (4)

    Between 7 a.m. and 9 p.m. for golf course maintenance when operated less than 50 yards from a residential dwelling.

    Notwithstanding the above, the operation of leaf blowers and chain saws is not permitted prior to 7 a.m. on any property, including on golf courses.

    (m)

    Operation of mechanical devices to sweep or clean outdoor parking, pedestrian and/or loading areas, except it shall be a violation of this Chapter to operate such devices when located within 100 yards of a residential dwelling between 9 p.m. and 7 a.m.

    (n)

    Trash and recycling collection, except it shall be a violation of this chapter to collect trash or recyclable materials in the outdoors in residential districts and/or within 100 yards of a residential dwelling between 9 p.m. and 6 a.m.

    (o)

    Operation of a landfill, except it shall be a violation of this Chapter for any person to operate or permit to operate any motor vehicle, mechanical device, noise source, or any combination thereof, at a landfill between 9 p.m. and 6 a.m. and when located within 100 yards of a residential dwelling.

    (p)

    The testing of plainly audible and discernible signal devices which are employed as warning or alarm signals in case of fire, emergency, theft, or burglary, or imminent danger, provided that such testing occurs between 7 a.m. and 9 p.m. and shall not occur for more than two consecutive or nonconsecutive hours in any one day. The testing of such signal devices is prohibited for (i) more than two consecutive or non-consecutive hours in any one day; or (ii) during the hours of 9 p.m. to 7 a.m.

    (q)

    Operation of transportation facilities between 7 a.m. and 9 p.m.

    (r)

    Activity on recreational grounds customarily associated with its intended use shall not be subject to the provisions of this Chapter between 7 a.m. to 10 p.m. on Sunday through Thursday, or between 7 a.m. and 11 p.m. on Friday and Saturday or the day before a Federal holiday. The use of loudspeakers or instruments associated with such activities shall be prohibited between 10 p.m. and 7 a.m. and shall be subject to the Maximum Sound Levels Table in Sect. 108-1.4.2 between 7 a.m. and 10 p.m.

    (s)

    The use of dog parks between 7 a.m. and dusk Monday through Friday, or between 8 a.m. and dusk on Saturday, Sunday and Federal holidays.

    (t)

    Bells, carillons, and other calls to worship shall not be subject to this chapter between 7 a.m. and 10 p.m. provided that any such sounds do not occur for more than five consecutive or nonconsecutive minutes in any one hour. (29-15-108.1.)