F@$#! That Noise

The Charlottesville City Council met last Tuesday, February 16th, to discuss the issue of a new city wide noise ordinance that would lower the noise limit from 75 dB (about the noise of a passenger car driving by) to 55 dB (about the level of a conversation) after 11:00 PM. Though it became immediately clear that the council people were not seriously considering a city-wide ban, an ordinance for some Charlottesville neighborhoods seems a likely possibility.

Belmont, the neighborhood where many of the noise complaints that brought about this proposed ordinance originated, has long been the subject of much public debate. As the Belmont website puts it, “What is certain about Belmont is the passion its residents feel for it. A ‘real neighborhood’ as it is often called, is something to be appreciated. A community thriving in its diversity… building on its established character to accommodate the changing world around it without compromising its personality” (2). Located just southwest of the downtown mall, Belmont is the new favorite spot for “Renters and owners, liberals and conservatives, the elderly, yuppies, and hipsters alike” (2). Recent UVa graduates and other young adults in particular have started to make Belmont their new home. As a result of this, several popular restaurants like the Bel Rio and the Local are booming with business, and it causes a rift with long-residing community members who claim sleepless nights as a result of the nearby noise.

The proposed ordinance would affect commercial residential zones in Charlottesville, of which Belmont is one of two. The other, Fontaine, is the neighborhood at JPA and Fontaine avenue, which would affect businesses like Durty Nelly’s, Fry’s Spring Beach Club and Wayside Chicken. Far less complaints come from this neighborhood as it is separated by train tracks and busy roads from any residential property.

The crowd at the council meeting was apparently somewhat different from the regular attendees of the Charlottesville City Council. Musicians, bookers, music supporters, and the local press flocked to the event. Councilman David Brown even remarked “It’s a good looking crowd tonight. I wish the mayor were here to see this,” referencing the absence of Mayor Dave Norris. Loud applause after each citizen spoke was common, and those present were frequently vocal about the suggestions of council-people.

Several members of the music community who spoke before the City Council about the city-wide 55 dB ordinance were angered at what they thought was an outrageous proposal. Jeyon Falsini, a Charlottesville booking agent who runs Magnus Music LLC, spoke of how lowering the dB level will destroy the rungs of the music ladder that can allow local bands to become successful. Local musician Bennie Dodd, a regular performer at Coupe Deville’s Restaurant, expressed concern that the ordinance would put musicians like him out of a job. Many who spoke displayed their own decibel meters, demonstrating that the sound of the quiet deliberation in the room frequently broke the 55 dB limit. One man who spoke even used the tactic of having his partner in the back of the room (equipped with a decibel meter) raise his hand every time the volume of his speaking went over 55 dB—which it frequently did.

Councilwoman Kristin Szakos spoke in favor of lowering the limit to 55 dB, and on a number of occasions reminded those present that a 55 dB law is already present in a number of neighboring communities. Her argument relied on the fact that 55 dB, the sound of a conversation, would be detrimental to a person’s sleep. Councilman David Brown suggested raising the proposed limit to 60 or even 65 dB, to the vocal dismay of many in the chambers. The conclusion of the meeting pushed the decision away two more weeks, with the next meeting scheduled for March 2nd, 2010. Many of those who spoke before the Council pleaded that a decision be made in either favor, as they felt the issue has dragged on too long.

Jim Tolbert, the Director of Neighborhood Development Services, presented his own research of how other cities cope with noise problems, focusing on Austin, Texas and Harrisonburg, Virginia. His information particularly angered those in the audience, with one member shouting “But we’re not in Austin!” to loud applause. As councilman David Brown pointed out, Tolbert’s research on noise violations in Charlottesville that cited police response to complaints included only one violation measured at the property line of who called in the complaint, which is official procedure. Even this violation was only at 60 dB. Perhaps due to this information, Brown proposed an ordinance enforcing a limit of 60 dB for in Commercial Residential zones instead of the original citywide ordinance at 55 dB. Another change to the original ordinance is that it will only affect amplified sound. This would allow businesses to have patrons outside on the patios, even late at night. In his own words he wanted to “get to the real problem.” It will be this ordinance—a 65 dB limit on amplified noise in commercial-residential zones after 11p.m.—on which the council will vote on Tuesday, March 2nd.

The change from 55 dB to 60 dB may seem a small increase in the limit, but deceivingly so. Decibels, a measure of sound pressure level, can be measured by a simple device, available at most electronic stores. As a local sound engineer as the City Council meeting noted, police use devices that measure only peak levels of sound. It is important to know that a difference of peak levels at 10 dB is about twice as loud, while 5 dB is a “clearly noticeable change.” For reference, a whisper in a quiet library is 30 dB, while a telephone dial tone is 80 dB and a “loud rock concert” is 115 dB (2).

The proposed ordinance of 60 dB in Commercial Residential zones is for local musicians and promoters undeniably a step in the right direction from the citywide 55 dB ordinance. An ordinance like the one proposed probably would not destroy the music scene or hamper performances on the downtown mall or the corner. If voted into existence, it would likely discourage live music at places like the Bel Rio and other restaurants in Belmont, and places like Durty Nelly’s in Fontaine. Nonetheless, it sets a precedent of restricting some scenarios of live music in town.

Though the effects of this modified ordinance would not be devastating, they would be somewhat arbitrary. It seems an unfounded move to choose 60 dB as the limit of tolerable amplified noise for a commercial-residential zone while for some reason 75 dB is not. There was only one recorded noise violation measured at the property line of one of the residents who called in a complaint, and this was for 60 dB. Proper readings and research need to be undertaken if this ordinance is to be an educated decision rather than an arbitrary one.