Virginia Beach to vote on revised noise plan today

VIRGINIA BEACH

Again. Shhh!

Virginia Beach is taking another shot at a noise ordinance after the state Supreme Court decided last month that the old one was too vague and, therefore, unconstitutional.

The new proposal, which the City Council will vote on today, would specify what decibel levels are too loud, during what times, in neighborhoods, restaurants and cars.

"This is not our preferred ordinance - we had our preferred ordinance," said Chris Boynton, a deputy city attorney. "However, in light of the Supreme Court's decision, we feel that this is reasonable."

The court's ruling has forced several Virginia cities to reconsider their noise laws. Norfolk changed its ordinance two weeks ago.

In Virginia Beach, under the proposal, 55 decibels, or the equivalent of some dishwashers, would be too noisy at night in residential neighborhoods. Car stereos turned up so somebody 100 feet away can hear it would also run afoul of the law. The s ame goes for late-night restaurants where the music registers at 75 decibels, about the sound of a very busy street, or can be heard from 50 feet away.

The penalty for violating the rule also would be more severe. The fine would be doubled and could be up to $500. A second offense could lead to a six-month jail sentence and a fine of up to $1,000.

The fines would increase because making the law more specific will cost Virginia Beach money, Boynton said. The city has to buy meters to measure sounds and train officers to use them, he said.

Still, it's not as tough as Norfolk's and Chesapeake's laws, Boynton said.

There, violators can go to jail on the first offense, he said.

Neal Insley, a lawyer who represents some Oceanfront and Town Center restaurants, said the proposed ordinance is better but still has flaws.

For example, there is an exemption of city-sponsored or permitted events, Insley said.

"If somebody is going to be held criminally liable, it should be applied to all," he said.

Kevin Martingayle, the attorney who represented the Peppermint Beach Club against the city in the Supreme Court case, said he is disappointed that restaurants and hotels weren't consulted about the new ordinance.

There wasn't enough time to gather public input because Beach officials want to have a noise law in place before Memorial Day and the start of the tourist season, Boynton said.

Susan Baroody, who lives near the Lake Edwards area, recently called police because of some rowdy neighbors and was told nobody could be charged because the noise ordinance was unconstitutional.

"This is my little sanctuary, and I want it to be safe and somewhat quiet," Baroody said.

Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com