Noise ordinance heads for public hearing in Charles City

Charles City’s Board of Supervisors has scheduled a June 22 public hearing on a proposed county noise ordinance for areas where residential use is allowed.

Last month, supervisors enacted an emergency ordinance after it was determined the county law then in effect bore resemblances to a Virginia Beach noise law that was struck down last year by the state Supreme Court. County officials are now seeking to repeal the old law and replace it with a new version.

The proposed law makes it illegal to create sound in excess of 70 decibels when measured from any public street between 11 p.m. and 7 a.m. in residential use areas. And from 7 a.m. to 11 p.m., any sound higher than 85 decibels will be a violation of the law.

The proposed law covers sound generated by audio and audio/visual devices including musical instruments that is “plainly audible” to a person 50 feet or more from the source or at the property line of the parcel where the sound originates, whichever distance is greater.

Also, any noise within 200 feet of a school, church, court, hospital, nursing home, or assisted living facility that interferes with that institution’s operation shall be illegal.

If the proposed law is adopted, anyone in violation could be found guilty of a Class 3 misdemeanor, which is punishable by up to a $500 fine. A subsequent offense within one year of a first conviction is to be treated as a Class 2 misdemeanor, punishable by up to six months in jail or up to a $1,000 fine or both.

The proposed law applies only to areas where residential use is permitted. Exceptions include emergency and police vehicles, public events and parades, sporting events, rifle ranges and gun clubs, and normal industrial, agricultural, forestry, and business uses.

During supervisors’ May 25 meeting, County Administrator Jack Miniclier said Sheriff Javier Smith is in favor of the proposed law as currently written. But already, the proposal is drawing some criticism.

County resident Lloyd Carter, speaking during one of the meeting’s public comment sessions, told board members they should pay attention to decibel levels before adopting the ordinance. Sixty-five decibels, he said, matches the level for normal conversation.

Other county residents will get to weigh in on the proposal, which is scheduled for public hearing at 7:45 p.m. during supervisors’ June 22 meeting.