The sound of silence

 

People live in “the country” for peace, quiet, and freedom to do as they please. Sometimes those goals clash.  

One person’s aggravating noise may be the sound of another’s enjoyable activity. Conflicts arise when people ignore the comfort of neighbors. Inconsiderate folk seem to be moving to Goochland in greater numbers than ever believing that they can do as they please, run bulldozers near neighboring homes after dark for fun; play music at ear splitting levels all night long; and ride loud ATVs and dirt bikes endlessly with no regard for others.

Sound carries, perhaps more in sparsely populated areas because there is nothing to absorb it. Depending on atmospheric conditions, trains, which run along the James River, can be heard as far away as Hadensville.

Unlike neighboring jurisdictions, Goochland has no noise ordinance on the books. We do have an ordinance governing nuisance companion animals.  A previous noise ordinance was struck down because it was too vague. So, it’s open season for the inconsiderate in Goochland.

About two years ago, a group of citizens presented a petition to the supervisors begging for local noise regulation. Before taking action, the board decided to solicit public opinion on the matter and held a well-attended “listening session” on noise about two years ago. (Go to https://www.goochlandva.us/DocumentCenter/View/5536/May-22-2019-Noise-Listening-SessionViews for an audio recording) Residents expressed strong opinions on both sides of the issue. Some told horror stories of children being unable to sleep due to loud music played by neighbors throughout the night, every night. Others contended that they moved to the country to shoot guns, ride ATVs, and do as they please without nanny government supervision.

Noise complaints came from all parts of the county, not only the more rural upper end. Those who live, farm, and keep animals near Hermitage Country Club contended that the club’s fireworks trigger seizures in elderly people, episodes of PTSD among veterans, and caused livestock to miscarry. Indeed, as more small lot communities spring up, a mechanism to govern acceptable levels of noise seems unavoidable.

One wise woman said, “some people are jerks, and you can’t fix stupid”.

After the listening session, the supervisors realized that noise regulation is a complex subject and decided to form a committee comprised of people with varying views on the subject representing all parts of Goochland.

Led by intrepid County Attorney Tara McGee, the committee first met in October of 2019. As the committee members held strong feelings and opposing views on the topic, McGee set out ground rules to ensure that all sides were heard, and all opinions respected. (Go to https://www.goochlandva.us/1050/Noise-Committee to review minutes from all meetings of this committee. The agenda packet from January 27, 2020 includes a list of noise complaints filed with the sheriff’s office by street address as does the final report.)

In spite of pandemic restrictions, the committee continued to explore all facts of the subject and craft a proposed ordinance whose intent is to address unreasonable repetitive noise that interferes with the peaceful enjoyment of one’s own property. The committee exempted sounds generated by agricultural pursuits, including forestry. Before any punitive action can be taken a warning must be given to the alleged offender, providing an opportunity to resolve issues in a neighborly manner. Violations will carry civil rather than criminal penalties. Gunfire provisions may need tweaking. All forms of legal hunting are exempted.  The Sheriff’s Office said that deputies need to be able to take target practice at their homes to maintain firearm proficiency.

Goochlanders take their Second Amendment freedoms seriously. Following Labor Day, the Fall Festival of Firearms gets under way as responsible gun owners hone their skills for upcoming hunting seasons filling the air with the sound of gunfire. Unfortunately, there are always a few bad actors who discharge weapons too close to home, or in other dangerous ways spoiling it for everyone else.

Feedback on the proposed ordinance was sought and received from the agricultural committee, Virginia Farm Bureau, the Commonwealth’s Attorney, and representatives of the county’s apartment communities.

On April 6, McGee presented a report on the noise committee to the supervisors. It can be read in its entirety in the board packet beginning on page 141.  After some discussion, the board authorized a public hearing at its May 4 meeting on the proposed ordinance.

The purpose of the proposed ordinance is: “Residents should be able to use and enjoy their homes free from repetitive noise that rises to the level of a nuisance. To that end, this article prohibits the creation of a noise nuisance on residential property which, by virtue of its volume, pitch, duration, repetition, and time of day, unreasonably and substantially disturbs or interferes with someone else’s peaceful enjoyment of their residential property.”

To read the proposed ordinance go to https://www.goochlandva.us/DocumentCenter/View/7687/Proposed-Nuisance-Noise-Ordinance-to-be-considered-by-the-Board-of-Supervisors-at-a-public-hearing-on-May-4-2021.

Susan Lascolette, District 1 said that this has been a long time coming. She supported a public hearing on May 4 to give citizens time to review and comment on the proposal.

 Neil Spoonhower, District 2 said that noise is one of the “top three” subjects that he gets call about. “People who call me about this feel they cannot enjoy their property. Those who want more freedom will be more vocal.”

Don Sharpe, District 4 said that “any more community meetings to me is insanity. Tons of meetings and input in the last two years. If everybody paid their taxes, we wouldn’t need the IRS; if everybody respected everybody else, we wouldn’t need a noise ordinance. Problem is, everybody doesn’t. A lot of people complain about it (noise)”.

Lascolette said that people who have complained to her about noise “need relief. My conscience won’t let me delay any longer.”

Ken Peterson, District 5, observed that the issue is “a bit dicey” and commended McGee for her leadership. “Goochland citizens place a high value on their freedoms.” He said that deciding where personal freedoms start, and stop is part of the conundrum of adopting a noise ordinance. Community meetings, said Peterson, are useful for gathering information but public hearings provide an opportunity to react to specific actions. “We want everybody’s input before we reach a decision.”

McGee said that although Sheriff Creasey has been involved in the crafting of the ordinance, he will be out of town on May 4.

The public hearing will be held in the board room of the administration building at 1800 Sandy Hook Road in Courthouse Village on May 4. Public hearings begin at 6 p.m.  The supervisors may take a vote or defer action to a later date to allow changes.