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New noise ordinance silenced in Caroline
A Virginia Supreme Court ruling stalls decision on a proposed noise ordinance in Caroline
Date published: 5/2/2009 BY PORTSIA SMITH The current noise ordinance in Caroline County that measures sound with a decibel meter may stay in place after all. A Virginia Supreme Court recently struck down a Virginia Beach law similar to a proposed ordinance in Caroline. It allowed law-enforcement officials to use their own judgment to decide whether to cite noise violators. The justices unanimously ruled that the law cannot stand because it lacks measurable standards and leaves enforcement to the whim of police officers. That means Caroline supervisors will have to rethink a new ordinance or buy new equipment to keep the current one in place. The proposed ordinance would base violations on "reasonableness" instead of a specific decibel level. Exemptions include noise from lawful hunting, public celebrations, alerts for an emergency and any noise within the boundaries of Fort A.P. Hill or the Peumansend Creek Regional Jail. The penalties would range from a $100 fine for the first offense to a $1,000 fine and/or a year in jail for a fourth offense within a year. Nearly 30 residents spoke out during a public hearing Tuesday night--most in opposition to the proposed ordinance. Richard Bradley, who owns 13 acres in Chilesburg, said the ordinance has a lot of holes in it. "You're trying to create an ordinance that covers everybody," he said. "But don't put a straitjacket on everybody to protect a few." Sparta residents Douglas and Cynthia Banks said barking dogs in their neighborhood have caused them to lose years' worth of sleep. They both supported the proposed ordinance. A handful of people were concerned with the lack of an exception for hobby or target shooting. "That's what makes the rural life rural," argued Peter Fisher of Port Royal. Harry Snodgrass, who lives off of Jericho Road in Ruther Glen and owns a dog kennel, had a list with 170 signatures of others who were against the new ordinance. "I don't think you need a new amendment, I think you need to get Sheriff [Tony] Lippa some new equipment, and I'll be the first to make a donation," he said. The current noise ordinance, established in 1987, calls for sheriff's deputies to use handheld sound-level meters to determine whether noise is excessive. Lippa said the meters are old. Last summer, he called the devices ineffective because they pick up sounds other than the noise being targeted and said deputies don't use them. Supervisors did not vote on the ordinance and plan to have another public hearing once they come up with another solution. Board Chairman and Madison District Supervisor Wayne Acors said they probably shouldn't have made a change. "There is an ordinance on the books today. We thought we were improving it," he said. "But evidently we did not." Portsia Smith: 540/374-5419
Read more stories about Caroline Date published: 5/2/2009
So wait
(posted by
wideopenspace
, May 2, 2009 8:00 am)
If Va Beach's law which was going to be like the the City of Fred if not legal by the VA Supreme Court, does that mean the City and others who have that same law are illegally being enforced? Where's a lawyer to ask that to?
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