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

Posted to: Kerry Dougherty Opinion

Kerry Dougherty
Virginian-Pilot columnist
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Kerry's blog

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



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Pubs try to lick noise problem with lollipops

Pubs and clubs in southwest England plan to hand out lollipops next week as a way to reduce noise when their customers head home, officials and pub owners said Friday.
The local council and pubs want people to stop creating so much noise when they go home.

The promotion is the idea of the West Dorset District Council, which covers an area of southern England along the English Channel.

The council has given lollipops to pubs and clubs as part of a weeklong anti-noise campaign that starts on Monday, the council said. "We would rather that revelers leaving pubs and clubs suck on a lollipop than make unnecessary noise which cause complaints," the council's Environmental Health Team Leader Graham Duggan said in a statement. "We hope that people enjoy the treat and remember the message." Rick Green, landlord of The Sydney Arms pub in Dorchester, said pub owners came up with the idea together with the council.

The thought was, he told CNN, "that if they got something in their mouths, they wouldn't be quite so loud when they left the premises." Lollipops are also a good gimmick to make people remember to be quiet on their way home, he said.

The council will hand out lollipops

Noise abatement

The Vbch noise act reminds me of the attack against Greekfest goiers. Vbch made it plain they did not want black college goers. myera told them to stay away. Vbch is for families. The Beach launched nationwide ads featuring white families walking along the beach.
VBch is 90% white. I understand the underlying rationale for the noise ordinance.

The city's intent to discriminate is obvious

They have a good racket going here. Pass an unconstitutional law; convict a bunch of rap playing kids; law gets struck down; quickly pass another unconstitutional law, convict more rap playing kids; law gets struck down; pass another... It would seem that if the Supreme Court says to not pass a law that is vague and overbroad, and gently issues a warning by striking down the law, that one could get into trouble by passing another vague and overbroad law. Are politicians the only ones able to disregard a judge's decision? This law is vague because it leaves too much to the discretion of the police officer. It is overbroad because certain legitimate noise would violate this ordinance. Nearly everything we do is offensive to some humans. This is definitely an attempt to control the complexion of the beach populace. Public apologies are needed. Repeal the law immediately.

not a false patriot

But this is probably the worst time since 9/11 to call for base closure around here. The economic numbers here aren't the best, but imagine if a couple hundred thousand jobs went poof, and a large number of people wandered away from HR looking for work. Hate to sound cliche here, but jet noise means more than freedom these days, in VB's case, it means solvency......

Welcome the loudest city in America!

Kerry, Post "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."

Well Kerry, I am glad you said this, and Iam sure that all the phony Patriots will come out of the wood work at this statement. No matter that the Navy themselves stated that this was not a safe environment for the Pilots or their training. No matter that the majority of the Brac commission are Military officers who wanted to move the base. 125 to 130 decibels is just maddening noise pollution.The half lies, the deceit, the closed door meeting, the part time Mayor, full time Banker, the cronyism etc. now make up the leaders of Virginia Beach. Thankfully we do have a few watch dogs like yourself. Please keep up the good work.

JWB

Just another revenue machine...

for the Gestapo...i mean VBPD. what's next? "air tax"? VB cares more about visitors than its own citizens. sad.

Let's have some common sense

I can understand that VB wants to make the ocean front more family friendly, but if they don't watch out this could end of a legal night mare. Mind you, I am not at all thrilled to see the loud bass coming from the cars to the point that everything around vibrates. However, what is offensive to some is sweet music to others. I just wished that everyone would use head phones and remember that the jet noice from the Navy is better than terrorist airlines in service.

Ear plugs for freedom!

Face it, VB is a noisy place to live.

i love counting the reasons

I love counting the reasons I live in Norfolk, and would NEVER think of living at the beach.

veryold

Neither - city-sponsored events are exempt. I'll assume that applies to the Amp as well.

If the city doesn't want bars on the block, they should simply say so and shut them down. Quit dancing around the subject.

Oh, for elected leaders with, well, you know...

I do hope

that the good citizens of Virginia Beach go around during the next campaign with their Db meters and make sure that none of the stump speeches violate the noise ordinance.

I was born and raise in Virginia Beach, moved to more pleasant environs in Tidewater, and will never spend another dime in the dreary anti-everything city of VAB.

here's an example

on the rare occasion when I cruise or walk Atlantic Ave during the "season" I find the city provided musical entertainment very annoying and "loud". Do I call 911 or ask the police to have it stopped???

Welcome to Virginia Beach...

The city without a cause! You dont have to go home... but you cant have fun here?

Council meetings changed to after 10 PM. "Annoyance meter" rules

Very Clever. Next City Council meetings will be changed to after 10 PM because the noise level from outraged citizens annoys Mr. Spore and his allies that the local business lobby have installed on City Council. I can easily envision the podium with a large decibel meter installed on it that automatically cut off the microphone whenever a speaker that is not from the city staff or the local business lobby begins speaking. Can’t you just hear the clerk of the court sternly admonishing the citizens, “I’m sorry, but your speech has exceeded the annoyance limit - your time is expired.” .. and then rushing to call the next speaker?

As Far as the Jets go................

If you you really, really want to nit pick........how 'bout those obnoxiously loud sirens on the police cars.

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