Middlesex County adopts distance-based noise ordinance after public hearing

The Middlesex County Board of Supervisors adopted a new noise ordinance on Aug. 19 after a public hearing in which residents described persistent dog barking and early-morning refuse operations.

County staff told the board that the draft ordinance is distance-based rather than relying on sound meters, which would require certified equipment and specialized training to use in court. The staff presentation said prior county noise provisions had been rendered unenforceable by litigation originating in Virginia Beach and subsequent Virginia Supreme Court guidance. The ordinance includes an animal-noise provision and a set of exceptions (for racetracks, military activity and permitted events).

“It was appropriate…to have an enforceable noise ordinance because unfortunately our current noise ordinance is not legally enforceable,” a county staff member identified in the transcript as Miss Lewis told the board during the hearing. The board approved adoption in a roll-call vote; the chair later announced, “The new ordinance for noise has been adopted.”

Under the adopted language, enforcement is complaint-driven: deputies may cite violations that are audible at specified distances onto another property; prosecutions are reviewed by the county attorney. Staff described the current criminal penalty as a class three misdemeanor (maximum fine $500) and recommended monitoring how the ordinance performs before proposing increases in penalties.

Next steps include implementation details with the sheriff’s office and coordination with zoning staff to determine whether kennel permits or zoning conditions should be strengthened; staff said the board could amend the ordinance if the distance-based approach proves insufficient.