Discussions of a comprehensive new noise ordinance dominated the Thursday, October 9, regular meeting of the Middleburg Town Council. Also on the agenda was a draft design for new signs to mark the town limits of Middleburg on Route 50, north and south of the village.

Apparently prompted by a smattering of complaints about noise associated with ongoing construction on the Salamander Inn site on the north edge of Middleburg, the new draft noise ordinance has taken on a life of its own and now, for the first time, seeks to address in detail the general issue of what constitutes acceptable "noise" levels within the town limits.

"At certain levels, noise can be detrimental to the health, welfare, safety, and quality of life of inhabitants of the town," the draft ordinance declares, "and in the public interest noise should be restricted."

Party On?

Of particular concern to Council are what the draft describes as "mass outdoor social gatherings, using amplified sound."

Unless such gatherings are "subjected to coordination and planning efforts with the town," Council apparently fears they will "...create noise disturbances and related adverse effects for the citizens..." Therefore, the draft proposes, it will be "...the policy of the town to reduce, and eliminate where possible, noise disturbances and related adverse conditions...and to prohibit unnecessary, excessive, harmful and annoying noise from all sources subject to its police power."

Class 2 Misdemeanor: $1,000 Daily Fines

A "noise disturbance," according to the draft, means "any sound which by its character, intensity and duration" either "endangers or injures health or safety of persons within the town," or "annoys or disturbs reasonable persons of normal sensitivities within the town."

Offenders may be fined $300 for a first offense, $500 for a second offense within a year of the first, and $1,000 for ANY subsequent offense within the same 12-month period. "Each day the violation is committed or permitted to continue shall constitute a separate offense..." Covered by the proposed legislation would be radios, TV sets, musical instruments and "similar devices" if they could be "heard across a residential property boundary" or through the walls of adjacent apartments. The law would apply if a "noise" was "plainly audible" at a distance of 50 feet from its source, or the building in which it was located, or "otherwise creates a noise disturbance."

Large Party Public Nuisance

Rules and some specific exceptions are detailed for horns, whistles, fireworks, loud vehicles and their sound systems, bad mufflers, construction, chain saws, trash collection and parties. A "large party public nuisance" is described as any gathering of "...ten or more people where the gathering is not contained within a structure, but spills outdoors into balconies, yards, common areas, parking lots, or other outdoor spaces" and creates "a noise disturbance."

Decibel Levels?

The ordinance does not set decibel level standards for what constitutes "noise" and at least one member of Council made clear that no such scientific measures of sound intensity were being contemplated. Asked why, sources close to the Town Administrative Staff noted that decimeters were expensive, required periodic calibration, and special training for the police officers or other town staff who would be using them.

Back to the Drawing Board

After several current Council members and former Council member Eura Lewis expressed concern about the draft's highly subjective definitions of what constituted misdemeanor, and the potential impact of such legislation on anyone holding a small party outdoors, no action was taken pending completion further research and rewriting of the ordinance.

Other Actions

In other action, Council resolved to submit specific goals related to the implementation of its recently completed formal "vision statement" for the future of Middleburg. A draft of the Council's recently completed "vision" for the village to 2025 is available upon request at the Town office.

Mayor Davis and Town Administrator Jerry Schiro are already considering the implications of the current recession on Town revenues and next year's budget. Local charities have also begun to feel the impact of a noticeable downturn in business in the County.