Barring a change of heart, the city of Richmond will not appeal a judge’s ruling that the city’s noise ordinance is unconstitutional.
In a Nov. 30 decision, Chief Judge Robert A. Pustilnik of Richmond General District Court called the ordinance too broad and said it unconstitutionally promotes religion.
Today is the deadline for the city to appeal the matter to Circuit Court. As of Monday, the City Council had not discussed an appeal, and Richmond police had stopped enforcing the ordinance.
“I don’t believe we are going to appeal,” said Councilman Charles R. Samuels, a lawyer who co-sponsored the ordinance.
“I’ve heard no one say otherwise,” City Attorney Allen L. Jackson added.
Without an appeal, Pustilnik has said he would dismiss charges of violating the noise ordinance against four defendants in a case that stems from music played by a band April 4. The defendants include three members of the band and a woman who lives in the home where the party was held in the 1200 block of West Clay Street.
During daytime hours, the noise ordinance prohibits sound such as a television or the playing of a musical instrument if it is “plainly audible” inside someone else's home or at 50 feet away or farther. The ordinance also prohibits, from 11 p.m. to 7 a.m., sound such as music that is “plainly audible to any person other than the operator.”
The ordinance also exempts sounds related to religious expression, such as sounds from religious services or events, including singing, bells and organs.
Despite approving the ordinance, council members had considered it a potentially temporary measure. It was adopted to replace an ordinance that included language that also had been ruled unconstitutional in a case from Virginia Beach. A council work group has been meeting to draft a new ordinance.
“We’re close to having an ordinance ready,” Samuels said. “I think it’s important to move forward and not concentrate on the old ordinance.”
In other business, the city expects to spend about $1,300 on Mayor Dwight C. Jones’ trip to Africa, city spokesman Michael Wallace said.
Jones is visiting Senegal through Friday with 13 other United States mayors as a delegation to the World Festival of Black Arts and Cultures. The festival is expected to attract 60,000 participants from 80 countries, city officials said.
Jones was planning to promote the international jazz festival in Richmond and to invite delegations here, city officials said.
The $1,300 cost covers the mayor’s airfare, Wallace said. Meals and lodging during the visit are being covered by Senegal President Abdoulaye Wade.
wjones@timesdispatch.com
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