Prohibitions

19 V.I.C. § 2042 — under Noise Pollution Control.

19 V.I.C. § 2042

(a) It is unlawful—(1) to operate a sound-producing device that creates a noise disturbance;(2) to operate or cause to be operated an indoor or outdoor sound amplification device that creates a noise disturbance;(3) to sell anything by using a sound producing device within a residential zone or within 500 feet of a residential zone such that it creates a noise disturbance;(4) to cause or permit any motor vehicle, other than a motorcycle, with a maximum gross weight of 10,000 pounds or less to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 150 feet or more from the motor vehicle;(5) to cause or permit any motorcycle to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motorcycle;(6) to operate a bar or tavern, or any other mobile floating commercial establishment, within 500 feet of a residential area such that it creates a noise disturbance;(7) to operate power-driven machinery, including lawn mowers, edgers, trimmers, or shears in a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m. such that it creates a noise disturbance;(8) to load, unload, pack or unpack crates, boxes, or containers on any vehicle within a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m. such that it creates a noise disturbance;(9) to create a noise disturbance by repairing, rebuilding, modifying, or testing a motor vehicle or watercraft within a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m.;(10) to operate or permit to be operated a watercraft in the waters of the Virgin Islands which emits sound greater than 90 dBA at a distance of 50 feet from the vessel;(11) for any person, by himself or by the operation of any instrument, agency, or vehicle to make any sound that is plainly audible at a distance from 100 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged, or any school or institution of learning, or house of worship while the facility is in use;(12) for any person owning, occupying, or having charge of any building or premises or any part thereof, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle, or premises in which it is produced, at any time to cause or suffer or allow:(A) any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument or reproducing device; or(B) instrument, or in the playing or amplification of any band, orchestra, musician, or group of musicians;(13) to operate any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows or prohibits the windows from closing; this provision does not apply to window tinting; or(14) to operate any motor vehicle on public roadways with audio speakers facing outward from the windows of the vehicle.

(1) to operate a sound-producing device that creates a noise disturbance;

(2) to operate or cause to be operated an indoor or outdoor sound amplification device that creates a noise disturbance;

(3) to sell anything by using a sound producing device within a residential zone or within 500 feet of a residential zone such that it creates a noise disturbance;

(4) to cause or permit any motor vehicle, other than a motorcycle, with a maximum gross weight of 10,000 pounds or less to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 150 feet or more from the motor vehicle;

(5) to cause or permit any motorcycle to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motorcycle;

(6) to operate a bar or tavern, or any other mobile floating commercial establishment, within 500 feet of a residential area such that it creates a noise disturbance;

(7) to operate power-driven machinery, including lawn mowers, edgers, trimmers, or shears in a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m. such that it creates a noise disturbance;

(8) to load, unload, pack or unpack crates, boxes, or containers on any vehicle within a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m. such that it creates a noise disturbance;

(9) to create a noise disturbance by repairing, rebuilding, modifying, or testing a motor vehicle or watercraft within a residential zone or within 500 feet of a residential zone between 8:00 p.m. and 7 a.m.;

(10) to operate or permit to be operated a watercraft in the waters of the Virgin Islands which emits sound greater than 90 dBA at a distance of 50 feet from the vessel;

(11) for any person, by himself or by the operation of any instrument, agency, or vehicle to make any sound that is plainly audible at a distance from 100 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged, or any school or institution of learning, or house of worship while the facility is in use;

(12) for any person owning, occupying, or having charge of any building or premises or any part thereof, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle, or premises in which it is produced, at any time to cause or suffer or allow:(A) any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument or reproducing device; or(B) instrument, or in the playing or amplification of any band, orchestra, musician, or group of musicians;

(A) any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument or reproducing device; or

(B) instrument, or in the playing or amplification of any band, orchestra, musician, or group of musicians;

(13) to operate any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows or prohibits the windows from closing; this provision does not apply to window tinting; or

(14) to operate any motor vehicle on public roadways with audio speakers facing outward from the windows of the vehicle.

(b) The fact that the noise or music is exceeding sound standards enumerated in section 2042a measured in 30-second readings using decibel meters at the curb or property line closest to the sound source, or at a distance of 100 feet from the vehicle from which it originates constitutes proof of a violation of this chapter.

(c) The characteristics and conditions that must be considered in determining whether a violation of this section has been committed include, but are not limited to, the following:(1) The level of noise;(2) Whether the nature of the noise is usual or unusual;(3) Whether the origin of the noise is natural or unnatural;(4) The ambient noise level;(5) The proximity of the noise to a place where someone sleeps;(6) The nature and zoning of the area within which the noise emanates and where it is received;(7) The time of day the noise occurs;(8) The duration of the noise; and(9) Whether the noise is recurrent, intermittent, or constant.

(1) The level of noise;

(2) Whether the nature of the noise is usual or unusual;

(3) Whether the origin of the noise is natural or unnatural;

(4) The ambient noise level;

(5) The proximity of the noise to a place where someone sleeps;

(6) The nature and zoning of the area within which the noise emanates and where it is received;

(7) The time of day the noise occurs;

(8) The duration of the noise; and

(9) Whether the noise is recurrent, intermittent, or constant.

(d) A vehicle sound system competition group or club may exceed the daytime limits established in subsection (b) in a suitable space in an area that is zoned for industrial use for the purposes of vehicle audio testing, subject to location approval of the Virgin Islands Police Department. The Virgin Islands Police Department shall promulgate regulations for operation and access.