Culpeper postpones action on noise ordinance

CULPEPER -- The town's noise ordinance is staying as is for now, in light of possible action on municipal sound regulation by the highest court in the land.

It's the second time in a year that the Culpeper Town Council has looked at its noise ordinance but made no change.

The Town Council last week opted to postpone any action on altering the local law at the latest advice of Town Attorney Bob Bendall, a partner in the Manassas law firm of Smith & Davenport. He based his counsel on a recent request from the city of Virginia Beach that the U.S. Supreme Court review a Virginia Supreme Court decision from this year that overturned the city's noise ordinance.

The Virginia Supreme Court ruled that Virginia Beach's ordinance was "too vague" and even unconstitutional, because it -- like the town of Culpeper's -- relied on a "reasonable person" finding a sound too noisy instead of basing it on decibel levels.

The lower court denied a request to review the decision even though the city's staff argued that the old ordinance was appropriate and constitutional.

"The case has been appealed to the Supreme Court," Bendall told the council last week, "so that changes the case substantially."

He said the Supreme Court has requested a briefing on the petition from Virginia Beach seeking to appeal the lower court's decision. Since the matter is undecided, there is no need to repeal the town's ordinance, Bendall said.

He said the ordinance is not being actively enforced around town.

In October, Bendall advised the opposite, and town police were prepared to purchase noise meters to regulate sound by decibel. Police Chief Scott Barlow said at the time that noise disturbance around town was a very small issue, but that the ordinance change was required because of the Virginia Supreme Court action.

Last November, the Town Council killed a related proposal that would have restricted business-related noise between 8 p.m. and 6 a.m. Then-Councilman Steve Jenkins led the charge against last year's change, saying he did not want to do anything that might injure local businesses. The issue was ultimately referred back to committee, where it stayed.

Allison Brophy Champion is a staff writer at the Culpeper Star-Exponent.