Virginia Beach’s New Noise Law

City officials in Virginia Beach, Va., have adopted a new noise ordinance following a State Supreme Court decision that declared the old policy unconstitutional.

Under the new ordinance, bars, clubs and restaurants may not play music louder than 75 decibels after 11 p.m. and face up to $1,000 in fines for breaking the law.
The policy also requires authorities to use decibel meters to measure noise.

Events sponsored or permitted by the city will be exempt under the new ordinance.

“This is not our preferred ordinance – we had our preferred ordinance,” deputy city attorney Chris Boynton told the Virginian-Pilot. “However, in light of the Supreme Court’s decision, we feel that this is reasonable.”

In their April ruling, justices sided with a complaint filed by the owners of the city’s Peppermint Beach Club that alleged the previous noise law presented an unconstitutionally vague definition of what amounted to a violation of the policy.

As worded, the old ordinance invited “arbitrary enforcement” by officers with “differing perceptions regarding what levels of sound exceed the described tolerance levels,” the justices wrote.