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Who know's, if this passes, your state could be next.
--Tim.
In the Virginia General Assembly House bill HB1368 is pending for a vote. The bill will limit play on athletic fields (softball, baseball, football, soccer, etc) surrounded by houses during the hours before 8:00 a.m. and after 6:00 p.m. and ALL DAY SUNDAY. The bill is below.
HOUSE BILL NO. 1368 Offered January 11, 2006 Prefiled January 11, 2006
A BILL to amend the Code of Virginia by adding in Title 55 a chapter numbered 32, consisting of sections numbered 55-552 through 55-554, relating to the Home Serenity and Tranquility Act; civil penalty.
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Patron-- Hull (By Request) ----------
Referred to Committee for Courts of Justice ----------
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 55 a chapter numbered 32, consisting of sections numbered 55-552 through 55-554 as follows:
CHAPTER 32.
HOME SERENITY AND TRANQUILITY ACT.
§ 55-552. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Affected homeowner" means any person owning or leasing a home that is located within 65 yards of any athletic field.
"Athletic field" means any area in which competitive sports are played, including swimming pools, regardless of whether such areas are owned or operated by public or private entities.
"Home" means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including, but not limited to, a manufactured home.
"Homeowner" means one or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to the property, or
2. All or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.
§ 55-553. Hours of operation; notice; consent of homeowners; compliance with local ordinance.
A. No person owning or operating an athletic field shall operate or allow to be operated on such field any event (i) before the hour of eight o'clock in the morning, (ii) after the hour of six o'clock in the evening, or (iii) on Sunday without the unanimous written consent of the affected homeowners.
B. Each year, the owner or operator of an athletic field shall notify any affected homeowner of his intent to conduct or to allow to be conducted any event on an athletic field during the times prohibited by subsection A. Upon receipt of such notice, the affected homeowners shall, within 15 calendar days, make a written response to the owner or operator of the athletic field. Such response may be a denial of consent, consent to all such events, or consent for a specific period of time or for specified event. Failure to respond shall be deemed consent to all such events.
C. The owner or operator of an athletic field shall keep records of the notice and any response by an affected homeowner as required by subsection B for two years. Such records shall be available for public inspection.
D. Notwithstanding the foregoing, any event held at an athletic field shall comply with all applicable state and local ordinances governing noise and nuisance.
§ 55-554. Penalties; enforcement.
A. Any owner or operator of an athletic field that violates the provision of subsection A of § 55-553 shall be subject to a civil penalty of no more than $500 for the first violation. For any subsequent violation, such person shall be subject to a civil penalty of $750, which amount shall be paid into the State Literary Fund.
B. Any homeowner aggrieved by a violation of subsection A of § 55-553 may proceed to enforce his rights under this chapter by filing an action for an injunction, supported by an affidavit showing good cause, addressed to the general district court or the court of record of the county or city where the athletic field is located. If the court finds a violation, the petitioner shall be entitled to recover all costs and attorney fees
[Edited by BigUmp56 on Jan 23rd, 2006 at 10:52 AM]
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