Leesburg council holds public hearing on outdoor amplified-music rules; hires sound expert before action

The Leesburg Town Council held a public hearing April 8 on proposed changes to the town's noise rules for amplified outdoor music, and directed staff to retain a sound-engineering consultant before the council takes further action.

Town staff presented a proposal to replace the town's subjective "plainly audible" standard with an objective, decibel-based system and a permit process for amplified outdoor music. "The decibel based standard I think not only makes enforcement easier for our officers, but it also gives the venue the opportunity to pretest for its compliance," town staff member Chris Spira told the council during the presentation. Spira said his office surveyed Northern Virginia jurisdictions and proposed a preliminary continuous-noise range between 65 and 70 decibels for council consideration.

The council did not vote on an ordinance. Instead, following extensive public comment, the council approved a motion to table final action until staff returns with a report from a retained sound expert. The motion to adopt the meeting agenda with that amendment was moved by Councilmember Nacey, seconded by Councilmember Steinberg, and passed 6-0-1.

Why it matters: The change would replace a standard that officers have described as hard to apply with a measurable threshold and a defined measurement location. Proponents say a decibel standard helps businesses confirm compliance in advance; residents say carefully chosen limits are needed to prevent amplified music from intruding into homes.

What staff proposed and how enforcement would work Staff said the draft approach focuses narrowly on amplified outdoor music and would not regulate acoustic or indoor music. Key elements explained by staff included: - A permit for venues or event holders that want amplified outdoor music (permits would be valid for one year), with identified responsible parties for on-site compliance checks. - Measurement from the public right-of-way closest to the sound source (to avoid officers entering private property). - A phased enforcement plan: an initial citation/fine schedule for permit holders, escalating fines for repeat violations and permit revocation for repeated noncompliance; non-permitted outdoor amplification would remain subject to the existing noise provision that classifies some violations as a misdemeanor. - Staff's preliminary benchmarking suggested continuous-music limits no higher than 85 dB in the region; Spira recommended council seek a local expert rather than adopt another jurisdiction's number immediately.

"Setting a decibel level would be a better tool for everyone, not just the police," Lieutenant Robert Spano of the Leesburg Police Department told the council, echoing staff's enforcement rationale.

Public reaction: sharp divide between residents and musicians Dozens of residents, musicians and business owners spoke. Supporters of higher limits and of preserving rooftop and outdoor music warned that strict limits would harm the town's nightlife and local economy. Opponents argued for stricter limits and clear protections for residents.

Representative comments included: - Tricia Smith, a downtown homeowner and supporter of the local music scene, said live music is "an asset to our community" and recommended, as a compromise she preferred, "a level of 90 decibels, Sunday through Thursday, and 110 decibels until 10 on Friday and Saturday nights." (Smith spoke as a private resident representing her view.) - Pam Becker, a local music teacher and performer, said: "If the music can't be heard, it can't be enjoyed. And if it can't be enjoyed, the people just won't come." - Ryan Gotimer, owner of the Crow's Nest rooftop bar, opposed a 75-dB cap: "A 75 decibel cap may sound reasonable on paper, but in practice, it's quieter than the natural noise of a crowded restaurant. The volume level simply doesn't allow for amplified music."

Several speakers urged the council to account for event- and festival-scale sound separately from regular nightly amplified music; staff acknowledged that special-event permitting could incorporate similar noise limits tailored to larger events.

Council direction and next steps Rather than adopt an ordinance or a numeric decibel standard, the council voted to pause consideration and have staff retain a sound consultant to recommend measurement methodology and appropriate decibel thresholds for Leesburg. Councilmember Wilt and others asked that the consultant have specific experience with music venues, rooftop configurations and municipal measurement protocols; staff agreed to return with the consultant's report and suggested enforcement and calibration practices.

Votes at a glance (motions taken on April 8) - Motion to adopt the agenda with amendment to table the noise-ordinance matter pending a sound-expert report: moved by Councilmember Nacey, seconded by Councilmember Steinberg; vote 6-0-1 (approved). Note: the amendment specifically directed staff to retain a sound consultant and return with recommendations on decibel levels and measurement methods. - Consent agenda (Comprehensive engineering services for water and wastewater conveyance-related work, agenda item 12A): moved by Councilmember Steinberg, seconded by Councilmember Nacey; vote 6-0-1 (approved). - Adoption of prior meeting minutes and proclamations (Arbor Day; National Public Safety Telecommunications Week) also carried by unanimous recorded voice votes where noted (6-0-1).

What the record shows the council did not do tonight Councilmembers reiterated that no decibel level was adopted and no ordinance was enacted at the April 8 meeting. The council explicitly preserved the existing criminal-classification provision for non-permitted noise violations while proposing civil penalties and permit consequences for permit holders; staff and police said that permitted venues would generally face civil penalties and potential permit revocation before criminal charges would be considered.

What to expect next Staff will solicit and retain a sound-engineering consultant (as directed) and return to council with a report that will include recommended decibel levels, measurement methodology (including how to treat rooftop venues), equipment calibration requirements and suggested enforcement procedures. The council will reopen the matter for additional public hearings after receiving and discussing that report.

Ending: The council closed the hearing and thanked speakers for their remarks; no ordinance text was introduced or adopted April 8. The matter remains pending the consultant's analysis and a future council discussion.