Richmond looks to make city’s noise rules ‘enforceable’

RICHMOND, Va. (WRIC) – Richmond council members will vote on removing a violation from the city’s sound control rules that police say they can’t “practically enforce” because officers can’t pull drivers over for it.

The proposed ordinance set for a vote Monday by the City Council will specify how an alleged noise violation can be reported and clarify the process for paying a fine or contesting alleged violations, per city documents.

Under the proposed changes, people must pay fines for violations within 15 days of getting a notice and failing to do so could lead to the city filing a warrant in debt in general district court.

It also proposes removing a violation in the rules for those operating a motor vehicle or motorcycle on a public right-of-way that, when measured at least 50 feet away, exceeds certain sound levels set by the city.

Richmond police can’t “practically enforce” that rule after the city’s sound ordinance transitioned from criminal to civil and prevented officers from using probable cause to pull a driver over for such a violation, per city documents.

“Additionally, amending the ordinance to a civil penalty from a criminal offense re-moved Richmond Police officers’ ability to initiate a traffic stop on vehicles for noise violations because probable cause can no longer serve as the basis for the stop given the civil nature of the ordinance,” Police Chief Rick Edwards wrote in a request to change the ordinance.

Along with stripping out that language from the ordinance, the proposal up for a vote Monday also states reports of alleged sound control rule violations “shall only be initiated by a call for service to the Department of Emergency Communications, Preparedness, and Response or other verbal complaint made by a complainant to a police officer.”

The proposed ordinance strips out language that states someone facing an alleged violation “may elect to make an appearance in person, or in writing by mail, to the Department of Finance; admit liability for or plead no contest to the violation; and pay the civil penalty established for the violation, all within the time period stated in the notice.”

It also cuts out a provision that says someone can be tried in Richmond Circuit Court “upon a motion for judgment.”

In his request, Edwards wrote that after passing the current sound control rules, it was determined that critical infrastructure was needed to allow the ordinance to be enforced.

“Specifically, (1) the financial infrastructure did not exist to allow for payment of the associated fines or to collect unpaid penalties, (2) there was no system in place to identify an initial violation from any subsequent violation to accommodate the varying civil penalties, and (3) there was no system in place to permit those who contested their violation to challenge said alleged violation,” Edwards wrote.

A first violation of Richmond’s sound control rules comes with a $100 fine. If someone commits a second violation within a week of the first, they will be fined $200. A third and any others within 14 days of the first comes with a $500 fine.

At a July 18 meeting, the council’s Finance and Economic Development Standing Committee recommended that the full council approve the proposed ordinance.

During the July 18 meeting, a Richmond police representative told the committee that the department was working with its legal department and the courts to find a smoother process for enforcement and collecting fines.

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