Noise Ordinance
This page explains what the City’s noise rules cover, what they don’t, and how they are applied. Full code sections are linked below.
What is the Noise Ordinance?
The City’s noise ordinance sets rules within City Code that Elkins officials last updated in 2016. It is often called simply “the Noise Ordinance.”
(For information on City laws related to fireworks, please visit this page.)
Direct link: Elkins City Code – Noise Ordinance
How does the City of Elkins define “noise?”
The ordinance defines “noise” broadly as any sound that:
- Can harm the health or well-being of others.
- Unreasonably interferes with the other residents’ quality of life, whether they are home or elsewhere.
- Disrupts the peace and quiet of a neighborhood or reasonably disturbs neighbors.
- Would annoy, bother, or disturb any reasonable person.
The City’s noise ordinance does not make every sound illegal. The rules focus on noise that could cause problems for other residents. Many everyday activities are exempt from this ordinance.
What the Noise Ordinance Rules Do
- Prohibits specific types of noises that cause problems for residents.
- List activities that are exempt from these rules.
- Apply only to noises that are not exempt.
Common Types of Noises the City Regulates
Vehicle Noise
- Loud car stereos audible from 25 or more feet away.
- Vehicles, motorcycles, or boats without proper mufflers.
- Modified exhaust systems (like bypasses or cutouts).
Alarms
- Burglar or fire alarms that continue to make noise for too long without a real emergency.
Tools & Equipment
- Yard tools, generators, or commercial and industrial equipment used outside permitted hours:
- Residential tools and equipment: 6:00 a.m. – 10:00 p.m.
- Commercial and industrial tools near residential property: 7:00 a.m. – 9:00 p.m. weekdays; 8:00 a.m. – 9:00 p.m. weekends and legal holidays
Construction
- Equipment must use functioning mufflers and follow the time rules noted above.
Noise That the City Does Not Regulate
Exceptions Outlined in City Code
- Normal business operations in properly zoned areas.
- Routine noise from industry in City-designated industrial zone
- Noise from trains, planes, emergency vehicles, and most government or school activities
- City-approved events, including festivals and parades
Events Automatically Exempt from the Noise Ordinance
- Mountain State Forest Festival.
- College-sanctioned events at Davis and Elkins College.
- Official school and college events.
- Events approved by Elkins City Council.
Note: This list is not exclusive. Other events may also be exempt.
How the Decibel Rule Works
Does the City Regulate How Loud Noises Can Be?
There is a decibel limit that can be applied, but the limit does not apply to all noises.
- A reading of 83 decibels or more from 25 feet away can be used as evidence that a noise is causing a problem. It is not an automatic violation.
- This rule only applies if the noise is already prohibited.
- Exempt activities are not subject to decibel limits.
Industrial & Louder Zones
- These areas (including factories and warehouses) allow for louder activities
- Normal operations in these areas are generally exempt from the noise ordinance.
What to Do If You Have a Noise Concern
Before a resident takes steps to contact the City and complain about noise, we ask residents to ask themselves the following questions:
- Is the noise prohibited or exempt?
- If the noise is exempt, the City generally cannot require it to stop, even if it is loud.
- If the noise is not exempt, the City can enforce the rules and may use decibel measurements to prove a violation.
Many noise complaints (e.g., power tool usage at night, loud parties, etc.) are best resolved by calm and respectful communication. Your neighbors might not realize how their noise is affecting you, and sometimes all it takes is a calm conversation to address the issue.
To report a noise violation during normal business hours, call (304) 636-0678.
To report a noise violation after business hours and on weekends, call (304) 636-2000.
If you need help understanding the Noise Ordinance and how it might apply to your situation, please contact the City Clerk’s office at (304) 636-1414, ext. 1211.
Can the Noise Ordinance be Changed?
Yes. City Council can amend the ordinance. However, new rules cannot be applied retroactively. Businesses and operations that were legal before a change would not be required to reduce noise below the previously allowed level.
New rules would only apply to noise created after the new law takes effect.
City Clerk
Sutton Stokes
401 Davis Ave
Elkins, West Virginia 26241
304-636-1414, ext. 1211 (office)
suttonstokes@cityofelkinswv.gov
Executive Secretary
Mikayla Goins
401 Davis Avenue
Elkins, WV 26241
304-636-1414, ext. 1110 (office)
mgoins@cityofelkinswv.gov
