New Kent Charles City Chronicle

News for New Kent County and Charles City County, Virginia | March 28, 2024

Charles City residents sound off on proposed noise law

By Alan Chamberlain | July 8, 2010 4:02 pm

Charles City Board of Supervisors members are considering comments voiced on the county’s proposed noise ordinance amendment and are planning to take action during their July 27 meeting.

Supervisors listened intently as a dozen county residents weighed in during a June 22 public hearing on the proposed law. Some expressed concern that the law could adversely affect their business and special events while others complained about specific noise incidents generated by neighbors, private parties, and auto speakers. Also, there were questions about how the law could be enforced along with suggestions for tweaking the proposal.

As proposed, the law places a 70-decibel limit on sound produced at night (11 p.m.-7 a.m.) and 85 decibels for daytime sound (7 a.m.-11 p.m.). Any audio-emitting device or musical instrument plainly audible at a distance of 50 feet from the source or property line, whichever is greater, is in violation. Also, any noise with 200 feet of a school, church, court, hospital, nursing home, or assisted living facility that interferes with that institution’s operation shall be illegal.

Violators could be charged with a Class 3 misdemeanor, punishable by up to a $500 fine, for a first offense. A second or subsequent offense occurring within a year would be treated as a Class 2 misdemeanor, which carries up to six months in jail or up to a $1,000 fine or both.

County Attorney Randy Boyd said amending Charles City’s law has been prompted by a court decision that ruled a similar statute in Virginia Beach as unconstitutional. The county’s law, he said, bore language mirroring the Virginia Beach law, which the court ruled as vague. Charles City supervisors reacted in April, enacting an emergency law that remains in effect until the board takes action later this month.

“Generally speaking, this proposed ordinance is not as strict as any ordinance in any surrounding county,” Boyd told the crowd gathered for the June 22 public hearing.

Speakers, however, were divided over whether Charles City’s proposal is too tough or not stringent enough.

Vince Brackett said the proposed day and night decibel levels may be too restrictive and suggested a 10-7 and 7-10 timeframe.

“There’s a lot of general things you haven’t covered that should be in there,” he told supervisors, referring to lawn mowing and barking dogs.

Lee Stanford complained that the county’s current law is not being enforced, adding, “Charles City needs to catch up with other communities who are cracking down on these unnecessary disturbances.”

Lloyd Carter Sr. pointed to the proposed law’s punishment for violators, saying a conviction could harness someone with a criminal record and damage their ability to attend college or secure a job.

Boyd said that while there are no prohibitions on animal noise, the proposed law lists exemptions for noise associated with business, agricultural, and industry uses as well as sporting events, hunting, and any activity with a county permit. As for law violations, there is no difference from a traffic offense, he said.

“I’m confident if someone violates, that’s not going to keep them from going to college, getting a job, or anything else,” he added.

After listening to complaints, Sheriff Javier Smith responded to critics who claimed the sheriff’s office is not enforcing the law already on the books.

“It sounds like we have two groups here tonight,” he said. “One thinks we’re going to ride around and arrest all in sight, and the second says the sheriff’s office does nothing.

“My deputies have discretion on whether to write a summons or not,” he said, adding that he believes in educating the public before resorting to summonses.

“Then I have to have something to work with to show these people who think we’re not doing anything,” he said. “Whatever ordinance the board decides we’ll have, that’s the one we’ll enforce.”