Richmond police have been directed not to enforce the city’s noise ordinance, which has been declared unconstitutional, but the city’s top prosecutor said Thursday that officers still will respond to noise complaints.
“We are not going to prosecute any cases under the ordinance that’s been deemed unconstitutional,” said Commonwealth’s Attorney Michael N. Herring, who had voiced concerns about the ordinance before a judge ruled it unconstitutional this week.
Herring said residents still should contact police to report noise disturbances. He said he has faith that most residents have enough respect for the law that they will turn down the volume if an officer informs them of a complaint.
“I have confidence that most people will behave reasonably,” he said.
General District Chief Judge Robert A. Pustilnik on Tuesday declared the ordinance unconstitutional, saying it is too broad and goes too far in promoting religion.
Pustilnik gave the city until Dec. 14 to appeal his ruling to Richmond Circuit Court, and if no appeal has been made by then, Pustilnik will dismiss the charges against all four defendants in the case.
The City Council unanimously approved the ordinance in February. After Tuesday’s ruling, City Councilman Charles R. Samuels said he expected the council to discuss a potential appeal during the next two weeks.
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