Middlesex to hold public hearing in April on revised noise ordinance using distance-based test

County staff and the county attorney presented a revised draft noise ordinance and the board directed staff to advertise it for public hearing in April.

The draft is a response to a Virginia Supreme Court ruling arising from a Virginia Beach case that found older, vague nuisance language unconstitutional. The county attorney told the board the court "found that it was too vague" and staff said the revised ordinance relies on a measurable test (distance or, alternatively, decibel readings) to define enforceability. The draft presented uses a distance-based threshold (for example, audible at or across a residential property boundary within 50 feet) to make enforcement practical without requiring deputies to carry calibrated sound meters.

Board members discussed enforcement practicality, exemptions for events (sports fields, registered civic events), and campground operations that generally have security staff as a first level of enforcement. Supervisors asked staff to circulate the draft to the sheriff, the commonwealth's attorney and codes/enforcement staff for review. The board expressed a preference to hold the public hearing in April rather than March to give supervisors and the public more time to review the draft.

Staff will post the ordinance for public hearing, seek input from enforcement authorities and report back with any revisions before the hearing.