Amherst County Board of Supervisors postpone noise ordinance

By Justin Faulconer

Published: October 22, 2008

AMHERST — Despite requests from some Madison Heights residents, the Amherst County Board of Supervisors on Tuesday postponed action on a new noise ordinance proposing stronger enforcement measures.

Chairman Vernon Wood said more work is needed on the ordinance, which would allow county deputies to use a decibel reader to limit noise to 65 decibels from 10 p.m. to 6 a.m.

Current laws only pertain to horns, radio and loudspeakers and do not give deputies a clear path for enforcement, said County Attorney J. Vaden Hunt. The county currently has no set decibel limit either.

“They are almost paralyzed as to when they can write a citation,” Hunt told supervisors Tuesday. “It allows officers to have a black and white line about when to act and when not to act.”

Several residents from Old Town Madison Heights, where most people are asking for more stringent restrictions, spoke during a public hearing Tuesday.

They said the ordinance gives the county something concrete “on the books” to go on in taking people to jail for disturbances.

“It’s really hard to explain unless you live there,” said Janice Camden, a resident. “We have noise all night long.”

Supervisor Don Kidd said he doesn’t feel comfortable yet with it the way the ordinance is written and felt it could open a “Pandora’s Box”.

“Putting another ordinance on the books, in my opinion, is not taking care of the problem,” said Kidd. “I don’t like punishing the whole county.”

Hunt said his research shows that if a law like this only applied to a single area, it would expose the county to “all kinds of constitutional problems.”

There are many exceptions, he said, like yard work, sirens and alarms, school band and athletic competitions, protests, construction and agricultural activities.

Violations would result in a misdemeanor and $100 fine. The sheriff supports the measures in the ordinance, officials have said.

Supervisors are set to take the matter up again next month.

In other business:
- The board unanimously voted to approve increases in water and sewer rates. Rates rose to $2.97 per 100 cubic feet of water consumed and $4 for sewer in the same amount. The changes would increase the majority of water customer bills by less than $1.64 a month and $1.68 a month for the majority of sewer customers. No speakers opposed or supported changes during a public hearing.

- The board voted to transfer a portion of East Court Street near the county’s courthouse facility to the Town of Amherst for its Town Square project. An easement ensuring public access through the area was proffered in the board’s approval.

- After a recommendation from the planning commission, the board unanimously approved a zoning change to allow mineral extraction as an exception in agricultural residential districts. The zoning paves the way for a Lynchburg firm, Old Virginia Brick, to request an exception to extract quality clay for future production.