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Portsmouth, VA Noise Ordinances: Decibel Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Residential night limit
55 dBA, 10:00 p.m.-6:00 a.m.
Residential day limit
65 dBA, 6:00 a.m.-10:00 p.m.
Commercial zone limit
75 dBA, any time
Measurement point
Real property line of the sound source
First offense
Class 4 misdemeanor, up to $250
Repeat within 12 months
Class 3 misdemeanor, up to $500

Summary

Portsmouth caps measurable sound at the source's property line: 55 dBA in residential zones overnight (10 p.m. to 6 a.m.), 65 dBA in residential zones by day, and 75 dBA in commercial zones at any time. A first violation is a class 4 misdemeanor; a second within 12 months steps up to a class 3 misdemeanor.

(d)Offenses requiring scientific measurement of sound levels. The following sound levels shall be deemed to be excessive sound in violation of this section, when measured outside the real property line of the sound source. The zone shall be determined by where the sound is measured, not where it is generated.(1)Residential zones; night. In a residential zone between 10:00 p.m. and 6:00 a.m., sound meeting or exceeding 55 dBA.(2)Residential zones; day. In a residential zone between 6:00 a.m. and 10:00 p.m., sound meeting or exceeding 65 dBA.(3)Commercial zones. In a commercial zone, sound meeting or exceeding 75 dBA... (g)Penalties. Except as otherwise provided in this section, the penalty for a violation of this section shall be as set for a Class IV misdemeanor. For any person who is convicted of a second or subsequent offense of this section within 12 months of a prior conviction, the penalty shall be as set forth for a Class III misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

, and 75 dBA or more in a commercial zone. Subsection (e) lets the city use a calibrated sound level meter to establish these readings as prima facie evidence in court, and the operator must issue a certificate confirming the meter's calibration was verified within the past 12 months, along with the accused's name, the noise location, the date, time and zone of the reading, and the decibel level itself; a copy goes to the accused on request. , government facility repair and emergency work, railroad operations, boats, ships and aircraft, permitted demolition, church religious activities, and burglar or vehicle alarms unless the owner fails to silence them within a reasonable time.

Subsection (g) sets the penalty at a class 4 misdemeanor for a first offense and steps it up to a class 3 misdemeanor for anyone convicted of a second or later offense within 12 months of a prior conviction. Subsection (h) preserves the right to bring a separate civil nuisance action or seek an injunction, cumulative to the criminal penalty.

Violations & Fines

A first conviction under section 24-255(d) is a class 4 misdemeanor, capped under section 1-11(a)(4) at a $250 fine with no jail time. A second or subsequent conviction within 12 months of a prior one is elevated by subsection (g) to a class 3 misdemeanor, capped at $500. The city or any affected person may also pursue a civil nuisance suit or injunction under subsection (h), independent of the criminal case.

Frequently Asked Questions

What is Portsmouth's nighttime residential noise limit?
Section 24-255(d)(1) sets it at 55 dBA or more between 10:00 p.m. and 6:00 a.m., measured outside the real property line of the sound source; the daytime residential limit rises to 65 dBA between 6:00 a.m. and 10:00 p.m.
How does the city prove a decibel violation in court?
Under section 24-255(e), an officer measures the sound with a calibrated sound level meter and issues a signed certificate recording the reading, the calibration check date, the accused's name, and the time, date and zone of the reading, which is admissible as prima facie evidence.
What happens on a second noise violation?
Section 24-255(g) elevates a second or later conviction within 12 months of a prior one from a class 4 misdemeanor (up to $250) to a class 3 misdemeanor, capped at a $500 fine under section 1-11(a)(3).
Are any activities exempt from Portsmouth's decibel limits?
Yes. Section 24-255(f) exempts construction equipment and lawn care equipment between 7:00 a.m. and 8:00 p.m., emergency and government repair work, railroads, boats and aircraft, permitted demolition, church activities, and alarms that are silenced within a reasonable time.

Sources & Official References

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