On. Wednesday,May 22, Goochland County held a “listening session” about noise issues at the Central High School Educational and Cultural Center. The meeting was well-attended by citizens from all corners of the county.
The impetus for the meeting explained County Administrator John Budesky, was requests for creation of a “noise” ordinance - Goochland does not have one on the books-as well as those who feel the are enough restrictions on rural freedoms are already in place and oppose noise regulation. Next steps will be tracking feedback to see if there is adequate reason to draft a noise ordinance. If you have thoughts on the matter, please send them to countyadmin@goochlandva.us. They want to hear from you, pro, con, or in between.
Budesky made it clear at the outset that NO DECISION TO CREATE A NOISE ORDINANCE HAS BEEN MADE. The supervisors want a greater overview of citizen input on the matter before even considering such a law. (Should the board decide to go forward with an ordinance regulating noise, public hearings before the planning commission and supervisors will be held before a final decision. There could also be additional community meetings.)
Unlike their predecessors, who have been out of office long enough for people to forget their shortcomings, and passed an emergency ordinance to outlaw mud bogging after complaints about a single event, these supervisors, who have heard from constituents on both sides of the matter, want widespread public input on the subject before they decide if there is a need to regulate noise in the county.
Goochland, said Budesky, did have a noise ordinance at one point, which was ruled “not legally sufficient” in 2007. In 2008, the Supreme Court nullified the law. The sticking point was how to enforce it. In 2010, the “old board”. Decided not to pursue the matter.
Some speakers suggested that a law should regulate “excessive” noise. Well, “excessive” is a very subjective term. It’s a little like the comment late U.S. Supreme Court Justice Potter Stewart made about obscenity “I can’t define it, but I know it when I see it.”
Speakers at the meeting, the format was a brief overview followed by citizen comments, were on all sides of the subject. Their remarks were thoughtful and on point.
Goochland did have a noice ordinance, said, Budesky, but it was deemed unenforceable early in the century. Other ordinances were tried, but were problematic. If Goochland’s supervisors do decide to regulate noise—AND NO DECISION TO DO SO HAS BEEN MADE—the resulting ordinance will be enforceable.
County Attorney Tara McGee explained that conditional permits for entertainment and wedding venues do regulate things like house of operation, outdoor music, and fireworks.
Richard Willis of Maidens, who has been strenuously advocating for creation of a noise ordinance, contends that neighboring jurisdictions, including Hanover and Louisa, have enforceable noise ordinances. He presented a petition signed by 94 people supporting creation of a noise ordinance. He said that the Goochland Sheriff’s office received 948 noise complaints in the last ten years, about which “not much was done.” He said that there is a lot of noise that is causing problems and must be addressed.
Offensive noise, as described by speakers, included neighbors that play ear splitting noise all night long that prevents their children from sleeping, fireworks at the Hermitage Country Club that caused a family member to have a stroke and regularly cause their cows to abort or deliver calves early, and extended loud sound from ATVs on adjacent property.
Gunfire was mentioned by several speakers, who enthusiastically support the safe, responsible use of firearms. Perhaps the most astute observation of the evening was “some people are just jerks and you can’t fix stupid.”
In 2012, an ordinance, 3-104 of the Code of Goochland, was adopted to regulate excessive noise by companion animals, essentially large numbers of dogs, which, one speaker contended, is working well
The discussion turned to the concept of neighborliness. Several speakers suggested that, if you have a problem with a noisy neighbor, discuss it with them to seek resolution. Others contended that sources of nuisance noise are renters with little regard for others.
As the county grows and people are living closer together rules to govern acceptable behavior will safeguard everyone’s right to enjoy their property and help those who don’t think about being respectful of those around them, one speaker contended. Rapid fire gunshots late into the night were mentioned a few times and speakers wanted some sort of mechanism to encourage people to use good judgement so as not to infringe on others. Some wondered how those shooters could afford all the ammunition.
Reasonableness of any noise regulation was also discussed.
“I came to Goochland not to be constrained about what I can and can’t do on my land. I moved here to shoot guns, ride ATVs, and have parties with loud music. I don’t need regulations to keep things from getting out of hand because I am respectful of my neighbors,” one person said.
Another said that they want a noise ordinance but do not want their rights taken away; nuisances must be addressed, especially irresponsible use of firearms.
How much noise is too much one speaker asked.”Dogs bark to protect their people and property, Harleys have loud engines, lawn mower mufflers get busted, and some folks yell very loudly to call their children. Does that need to be regulated?” Another contended that an ATV zooming around “sounds like freedom to me.”
Subdivision covenants, which often address activities such as shooting within a certain distance or obnoxious and offensive activity. Again, obnoxious and offensive can be in the ear of the beholder.
There seemed to be general agreement that agricultural noise should be exempt from regulation. If you want rural, you must have agriculture, which can be noisy, smelly, and messy. A speaker who grew up in the flight path of a New York City airport contended that even loud noises eventually become background noise
The general notion on more regulation generated several comments. Among them was ”Do it right or not at all.” “I don’t want another bureaucrat in my pocket telling me what to do.”
Several speakers raised concerns about the weaponizing potential. If someone has an issue with their neighbor, for instance, a noise regulation could be enable harassment. Additional regulations could become a slippery slope to more.
Part of the difficulty of noise ordinance enforcement is the definition of what excessive noise is. Use of decibel meters, somewhat similar to the radar guns used in speed control, might be the answer. If called to investigate a noise complaint, a deputy could measure the problematic sound, and, if if exceeded legal maximum, take action. Should this incident wind up in court, the deputy could present impartial evidence that the sound in question exceeded maximum legal limits. These devices, like radar guns, would need to be calibrated regularly. Without an impartial means to measure noise, complaints are difficult to enforce.
Once again, Goochlanders came together to express opinions in a thoughtful, cordial manner. We are blessed to live in such a place.
No comments:
Post a Comment