The Virginian-Pilot
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VIRGINIA BEACH
The city's noise ordinance, used for decades against teens playing loud music in their cars, Oceanfront clubs, and street peddlers, is unconstitutional.
The statute is too vague and depends on the standards of the police officer, the state Supreme Court said Friday.
"Determinations of this nature invite arbitrary enforcement," Justice Barbara Milano Keenan wrote in the 13-page opinion. "Police officers likely will have differing perceptions regarding what levels of sound exceed the described tolerance levels and sensitivities of reasonable persons."
The owners of the Peppermint Beach Club at the Oceanfront challenged the law after receiving citations. The fine for a noise violation, a misdemeanor, is $25.
"We're very excited about the court's ruling," said Kevin
Martingayle, the attorney for the Peppermint Beach Club. "Citizens should not be faced with the threat of criminal prosecution, based on laws that are so vague."
The wording of the ordinance set as its standard a noise level that "responsible persons" would find too loud, but it didn't tie the noise level to any specific decibel level.
About 50 Virginia localities, including Suffolk and Newport News, use the same standard, said Chris Boynton, a deputy city attorney for the Beach. Those ordinances could also be unconstitutional, he said.
Beach officials will rewrite the ordinance, and a decibel measurement will be considered, but the court acknowledged that regulating noise is a challenge, Boynton said. The city will drop pending court cases based on the existing noise statute.
But t hat doesn't mean it's OK to throw a rowdy party.
"Police have other tools in their toolbox if noise is a problem," Boynton said. " 'Disturbing the peace' is an option."
Pilot writer Aaron Applegate contributed to this report.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
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"If someone is blaring music next to you in traffic, roll up you
Obviously, you've never had a migraine and been stuck in traffic next to someone who REALLY IS causing a disturbance of the earth with their base.
Solutions,
If someone is blaring music next to you in traffic, roll up your windows.
If someone is blaring music at a club, walk away.
If your neighbor is blaring music at late night, police can still charge or you can still get a warrant for "Disturbing the Peace". Your peace.
If the jets are too loud for you, move to another section of the city, they don't fly over the whole city or Hampton Roads area.
To LLindowitz, Police officers must establish authority through
their actions. The officer’s uniform, badge, symbolize his or her position and power, but the officer’s demeanor and behavior are what determine whether people will defer.
(Cole. Criminal Justice in America, 5th Edition. Wadsworth/CourseSmart, 01/04/2007. 125)
Can you imagine an officer trying to protect you or your family not estblishing authority w/the bad guy? I wouldn't want to be the one that needs protection.
Do you have a problem w/police authority or do you just hate them? Better yet, do you blare you music loud too?
I'm quite glad to hear of
I'm quite glad to hear of this ruling - having been pulled over 3 times myself, and cited once for "unnecessary noise" (although droped at a later date) . . . all falling under this ambiguous law that VaBch has been brandishing for to long. The time I was cited, the officer informed me that the exhaust on my car was too loud (although no louder than a stock Mustang GT), and had to stop during the middle of his explanation due to the noise from a jet passing overhead.
Sorry to say it, but these "grey-area" laws that VaBch has all over the place (yes, we have scores of them) end up only being enforced arbitrarily, with no standard to go by other than the mood that the officer is in when he arrives on the scene. These laws are unfair to the citizens, and only truly serve to line the city coffers as the majority of individuals won't fight any citations.
Too funny, lawrenceb
Re:lawrenceb82104 on Sat, 04/18/2009 at 9:56 am.
"You are correct, this is not Obama's fault but there are plenty of other things to blame him for."
Oh brother, here we go again! lawrence,you sound like all the other "broken record" comments I made in the past! If you really want to place blame on someone, look at the past 8 years! Give it a rest already!
And vabeach757..I love your idea! Too funny! I should call City Council members in the middle of the night! Maybe they will make a law that works! But then again, look at the recent "snow alert" that happened..ooops!
Electronic warfare
"I don't care to hear or feel the bass and volume from some cars"
I agree - it is annoying to have to sit at a light or listen to someone going by my home with their car music blaring. I would love to have a focused bean EMP device to render their stereo dead.
You know what...
...who cares?...the VaBch strip has sucked since the 70's...and not even it's citizens go there anymore!!!...gone are the days when a day ( or night) in VaBch was fun!...Elvis says...Get a Life!!!
There's a big difference
between jet noise and most of the loud music that gets played nowadays.
My kids can listen to jet noise all day long and not hear the "F" word. They can listen to jet noise and not ask me, "Daddy, what's a ho?"
Big difference.
Noise, shmoise!
I remember when I was a teenager, driving with the top down, the music at ear-splitting levels, the dual glass packs blasting out their staccato sounds. Remember to rev that engine in the tunnels...pure magic! Shutting down roadways to drag race. Two by two, engines screaming, tires burning, kids yelling and applauding. Garage parties....live bands, thumping bass and drums, snarling guitars. The kids and neighbors would bring food, maybe a few brews for us teeners. There'd be backyard cooking, dancing, and music until the wee hours in the morning. After a really good party, you might find a few kids sleeping on the lawns. Bring them coffee, and call their parents. But no one called the Police. In those days, there was a lot more tolerance for our youthful craziness. We didn't do drugs (much)...we didn't shoot each other...but we had a lot of LOUD fun! Sometimes, I think our Country's gotten a little too serious and unforgiving. I haven't forgotten the joys of youth. To the Peppermint Beach Club, I say congratulations, and to our youth....rock on!
Everybody has a choice
You chose to live in a neighborhood to enjoy the conveniences, to avoid the cost of driving to stores, entertainment, or jobs. I chose to live away from the noise, of Bars, night clubs, and neighbors, and paid dearly for that choice. Suck it up brainiacs, everybody has a choice. If you don't like it, move! Except you better be careful. Someone will want to send the noise to where ever you might choose to move, like an OLF. You made the choice to live near an active air base. I chose to live away from one. DUH, I think I'll live next to a Master Jet Base or an active landing field. Do those airplanes make noise??? DUH, I think I'll move near a nightclub, do those things make noise?? Since there is not a noise ordinance anymore, Oceana can go back to it's original purpose, and allow more touch and go landings there again. Thanks Va. Beach, no other OLF will be needed. Keep your "mess" in your own mess kit.
Noise Violations
Why doesn't the City of Virginia Beach arm two police officers, on either side of the city for faster reponse, with a sound level meter after a decibel level is set by whoever?