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County passes noise ordinance Supervisors approve new portion of code; officials confident it will stand
The Goochland Board of Supervisors voted unanimously last week in favor a revised noise ordinance, putting to bed a long and arduous process.
The ordinance, according to county attorney Andrew McRoberts, will be one that’s both enforceable and able to stand up in court.
“We’re very confident that the changes are appropriate,” he said. “Having the sheriff and commonwealth’s attorney involved in the process was very helpful.”
In 2006, the county’s noise ordinance was upheld for the first time in General District Court, when a local property owner was taken to court based on numerous complaints from neighbors over dogs that frequently barked.
But last year, that decision was overturned in Circuit Court by Judge Timothy K. Sanner, who found the law to be too subjective and unconstitutional in part.
In looking at the ordinance, McRoberts said the county not only revamped its rules governing noise but also made the ordinance a one-stop shop.
“We figured that if we’re going to look at it, we needed to go through the hassle and make things easier in the long run by putting all of the noise-related issues in one area,” McRoberts added.
Throughout the process of updating the ordinance, McRoberts said working with Sheriff James L. Agnew and Commonwealth’s Attorney Claiborne H. Stokes, Jr. was a “huge step in the right direction.”
He added, “That way, everyone is on the same page on what the ordinance ought to say and how it will be enforced.”
Violating the ordinance is a Class 4 misdemeanor. Those with a second or subsequent violation within a 12-month period face a Class 2 misdemeanor.
The ordinance defines unreasonably loud and disturbing noises as those that are “what a reasonable person objectively would determine to be an actual or imminent interference with peace or good order.”
In order for a summons or warrant to charge a violation, a complaint must be sworn by two people, each a resident of separate households, and each alleging facts within his own personal knowledge or by a law enforcement official, animal control officer, or other code enforcement officer.
The code goes on to list sources of “unreasonably loud and disturbing” noises, such as crowds, animals, and motor vehicles.
The new ordinance was approved during last Tuesday night’s public hearing, which drew a number of questions from the public, questions McRoberts answered with what appeared to be relative ease.
“We’ve spent a lot of time doing a great deal of research on these types of ordinances,” he said later in the week. “And I think that comes through in the ordinance.”
The approved ordinance is more restrictive than its previous iteration.
Added McRoberts, “People need to keep in mind that not every noisy event is going to violate the ordinance. It’s still going to be a tough situation for all involved.”
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