The Virginia Supreme Court has struck down the City of Virginia Beach's noise ordinance as unconstitutionally vague, a ruling that could have wide repercussions.
This morning's ruling stemmed from a challenge by The peppermint Beach Club on Atlantic Avenue which was repeatedly warned and cited by police cited for music sound levels in violation of the city's noise ordinance.
"I think this is going to have a big impact on every locality in Virginia," said Kevin E. Martingayle, a Virginia Beach lawyer representing the club. "I think the Supreme court got it exactly right," he said.
In an 13-page ruling, the justices wrote, "noise that one person may consider 'loud, disturbing and unnecessary' may not disturb the sensibilities of another listener."
"Such adjectives are inherently vague because they require persons of average intelligence to guess at the meaning of those words" and require police officers to make subjective determinations that would invite arbitrary enforcement.
"Because these determinations . . . can only be made by police officers on a subjective basis, we hold that the language of the ordinance is impermissibly vague," ruled the justices. It is unclear what other noise ordinances around the state are similar.
Martingayle said most localities with noise ordinances that he reviewed did not have objective standards -- such as appropriately measured decibel levels -- and some of those that do have the sort of vague, "catch-all" language faulted by the Supreme Court.
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