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2005 SESSION

055025348
HOUSE BILL NO. 2282
Offered January 12, 2005
Prefiled January 11, 2005
A BILL to amend and reenact § 15.2-917 of the Code of Virginia, relating to shooting ranges.
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Patrons-- Janis and Lingamfelter
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Referred to Committee on Counties, Cities and Towns
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Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-917 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-917. Applicability of local noise ordinances to certain sport shooting ranges.

A. No local ordinance regulating noise shall subject a sport shooting range to noise control standards more stringent than those in effect at the time the construction or operation of the range initially was approved, or at the time any application was submitted for the construction or operation of the range. The operation or use of a sport shooting range shall not be enjoined on the basis of noise, nor shall any person be subject to action for nuisance or criminal prosecution in any matter relating to noise resulting from the operation of the range, if the range is in compliance with all ordinances relating to noise in effect at the time construction or operation of the range was approved, or at the time any application was submitted for the construction or operation of the range.

B. No county or city may subject a sport shooting range to noise control standards, or prohibit or disapprove construction or operation of a sport shooting range by reason of noise, if the sound level produced by the firearms in use at the range and emitted from the range do not or would not exceed an Leq(h) of 64 dBA measured according to the American National Standards Institute's standard methods ANSI S1.2-1962 (RI976), American National Standard Method for physical measurement of sound, and ANSI S1.2-1971 (RI976), American National Standard Method for measuring sound pressure levels. Measurements shall be taken using a Type 1 sound meter meeting the requirements of ANSI S1.4L-1971. Sound pressure measurements shall be made on the A-weighted fast response mode scale. Sound pressure measurements shall be taken at the boundary of the shooting range property or at any point beyond the shooting range property.

C. The operation or use of a sport shooting range shall not be enjoined on the basis of noise, nor shall any person be subject to action for nuisance or criminal prosecution in any matter relating to noise resulting from the operation of the range, if the sound level produced by the firearms in use at the range and emitted from the range do not or would not exceed an Leq(h) of 64 dBA measured as described in subsection B.

D. For purposes of this section,:

"A-weighted" means a frequency-weighting network used to account for changes in sensitivity as a function of frequency.

"dBA" means A-weighted decibels, taking into account human response to sound energy in different frequency bands.

"Decibel" means the unit of measure for sound pressure denoting the ratio between two qualities that are proportional to power. The number of decibels is 10 times the base 10 logarithm of this ratio.

"Leq(h)" means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a 60-minute time period.

 "sport "Sport shooting range" means an area or structure designed for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting, or an outdoor facility that provides rifle, pistol, shotgun or archery ranges for public or private users for a commercial profit or as a service for members who pay dues or otherwise support the facility on parcels of land sufficient in size for operation of outdoor ranges under this section.