City's intention with noise law is loud, clear and just wrong

Don't you think that once a city's been slapped around by the state Supreme Court over an unconstitutional law, its politicians would exercise special care in crafting a replacement?

Obviously, you don't know Virginia Beach very well.

Yep, the city that eagerly embraced an illegal noise ordinance a few years ago (and defended it at public expense) passed another one Tuesday night. It includes at least one lawsuit generator, this definition of "noise":

"Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans."

Oh, really?

Perhaps someone will use the ordinance to muzzle politicians. A lot of what they say annoys and disturbs folks.

But back to Tuesday night. The pols were in such a hurry to pass this bill that they dispensed with that customary nicety known as a public hearing. That's right. Ten members of the City Council agreed to shun the citizens in a sweaty rush to pass a noise ordinance before Memorial Day.

They plan to hold hearings later.

Sheesh.

Only one councilman - Ron Villanueva - objected.

"We needed some input from the public," Villanueva explained Wednesday. "It's befuddling to me that our civic leagues and our restaurant association weren't involved in this ordinance. "

The morning after the vote, Villanueva said he was swamped with e-mails from folks demanding to know "why city-sponsored events should be exempted while private businesses are held accountable."

Good question.

That's especially odd when you consider that the first paragraph of the ordinance claims "excessive sound vibration and inadequately controlled noise are serious hazards to the public health, safety and welfare."

If this is a public health issue, shouldn't the city be held to the same standards as everyone else?

Which bring us - as any discussion of noise at the Beach must - to the Navy. I hesitate to point this out, but an F/A-18 Hornet hits 130 decibels at full throttle. That's a tad louder than the 55-decibel limit the Resort City has set on music after 10 p.m.

And isn't it clever of the city attorney to put that health warning in writing? Very convenient for those who want to run the Navy out of town. No doubt this ordinance will surface at the next Base Realignment and Closure Commission hearing.

Despite protests that this law is not directed at the Oceanfront, we all know it is. It's aimed at muffling cars and bars on the Resort Strip in the summer. It even has a special section dedicated to restaurants.

Attorney Kevin Martingayle, who's represented many of the clubs on the Block and whose case struck down the old ordinance, said the city wants to turn down the volume on hip-hop music.

"It's all about control," he said. "The city wants to control what kind of music gets played loudly.... By controlling the entertainment, they think they can control the complexion of the crowds."

That's a strong allegation, one that city officials have repeatedly denied.

When I pressed City Attorney Mark Stiles for examples of noise nuisances, he cited people on the beach with boom boxes playing music with obscene lyrics in front of children.

Boom boxes?

What is this, 1985? I haven't seen or heard a boom box on the beach since the iPod was invented. Stiles couldn't remember the last time he'd heard one, either.

The city wants to make all the racket it likes - monster truck shows, loud bands on public stages and fireworks at 10 p.m. - but wants everyone else to pipe down.

Maybe that's why they decided against a public hearing.

Kerry Dougherty, (757) 446-2306, kerry.dougherty@cox.net