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• EXHIBIT "B" BILL RELATING TO LOCAL ADOPTION AND ENFORCEMENT OF A NOISE ORDINANCE An Act to amend Chapter 384 of the Acts of Assembly of 1946, which provided a charter for the City of Charlottesville, by adding a section numbered 50.5, relating to adoption and enforcement of local ordinances regulating loud, disturbing and excessive noise. Be it enacted by the General Assembly of Virginia: 1. That Chapter 384 of the Acts of Assembly of 1946 is amended by adding a section numbered 50.5 as follows: Section 50.5 Authority of City Council to adopt and enforce noise ordinances. A. The City Council may by ordinance prohibit or regulate loud, disturbing or excessive noises originating within its jurisdiction. Such ordinance may prescribe the decibel levels, degrees or types of sound which are unacceptable within the City limits. • B. The decibel level of any such noise may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding. The accuracy of the sound level meter may be tested by a calibrator. In any court or legal proceedings in which the accuracy of the calibrator is in issue, the court shall receive as evidence a sworn report of the results of any test of the calibrator for accuracy. Such report shall be considered by the court or jury in both determining guilt or innocence and in fixing punishment. C. Any individual operating a sound level meter pursuant to the provisions of this section and the local noise ordinance shall issue a certificate which will indicate: 1. that the sound level meter used to take the decibel level reading was operated in accordance with the manufacturer's specifications; 2. that the City has on file a sworn report which states that the sound level meter has been tested within the past twelve months and has been found to be accurate; 3. the name of the accused; 4. the location of the noise; 5. the date and the time that the reading was made; and 6. the decibel level reading. The certificate, as provided for in this section, when duly • attested by the operator taking the decibel level reading, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the decibel level reading. A copy of such certificate shall be delivered to the accused upon his or his attorney's request. Approved by Council December 19, 1988 (,/Clerk ot Uounce 88-6-66(B)