Know Your Rights: Music and Noise

It was a Friday night in downtown Blacksburg, and along with the usual hustle and bustle of people subtly stumbling along College Avenue, a sight rarely seen was taking place on the corner. Two electric guitarists had set up small amplifiers on the sidewalk, presumably plugged in to a town receptacle by one of the street lamps, and were playing some tunes.

illustration by Danny Phillips

In the middle of a song, two Blacksburg police officers on bikes rode up beside the musicians. Understandably unnerved by their company, the two guitarists stopped playing and looked expectantly at the two officers. One of the officers smiled and said, "What's the matter? Can't play under pressure?"

So the musicians hesitantly began to play again with their audience silently taking in the improvised sounds, notes gently echoing down the avenue like a soundtrack to the weekend's start. After a few minutes, the two officers nodded to the performers and pedaled off, continuing their patrol, and leaving behind a few bewildered people and a richer community for it.

That was a few years ago, however, and things have changed since then. Blacksburg has grown rapidly, and the things that were manageable and tolerable for our small town then, have slowly fallen under scrutiny. Blacksburg now frequently enforces regulations regarding nuisances and noise, and now, all too often, music fans can frequently find themselves stymied by noise legislation.

Outdoor party planners, be aware that the town wants you to register any amplification equipment intended for outdoor broadcasts with them 48 hours before its intended use (§13-105). Assuming you are super-popular and 200 people are projected to show up, you will have to apply for an additional permit for the gathering thirty days in advance (§13-106). Of course these permits are not just handed out to anyone for any old reason; and in applying for one, while not necessarily having legitimized your operation, you have, in effect, alerted the authorities as to where to be on the day of the party. So, good luck with that one.

The Commonwealth has its own laws regarding music. Virginia State Code stipulates that it is illegal to listen to music via earphones worn on or in both ears while simultaneously operating a motorized vehicle of any sort on public highways including mopeds, electric bicycles and any "electric personal assistive mobility device" (§46.2-1078). Thus effectively ends grandma's weekly Hoveround constitutional on the 460 Bypass.

For all the would-be midnight fiddlers on the roof, it will interest you to know that even if you were a rich man it would still be illegal to whistle or sing in a manner as to be heard across residences or between dwellings after 10 PM. Likewise, blowing up GI Joe action figures with M-80's will have to wait until at least 8 AM the next morning, an hour after the jackhammer starts (Town Code §13-103).

Have you ever wondered why the guy with the jackhammer likes to begin destroying local sleep patterns at the butt crack of dawn? My guess is: because he can. After all, if I had to pound pavement at 7 AM, I'd want to wake everyone else up, too. As it turns out, the Blacksburg noise ordinance for use of pneumatic hammers and chainsaws runs from 7AM to 7 PM (§13-103).

Similarly, the "normal" looking guy down the street who always uses the wood chipper only after dark, yet never has any wood or mulch on his property, is free to do so because the noise ordinance for private home machinery runs from 8 AM to 10 PM (§13-104).

Sometimes this can be confusing, as some people might think it gives them the right to blast Clay Aiken as loudly as possible in a dwelling or vehicle. Unofficially, if this is you, you should be punished anyway, but technically, the noise ordinance is always in effect. This means, that if your drum circle is too loud or the lovemaking too vocal (you little devils) such that the offending sounds can be heard fifty feet from the source, dwelling, or vehicle, you could be in violation regardless of the hour (§13-103).

While the Town Code did have a section pertaining to warnings given for noise violations, it was unfortunately repealed in its entirety in 2001 (§ 13-107), presumably freeing police officers from having to visit the source of a disturbance multiple times before issuing a violation. While this isn't exactly happy news, the important thing to remember is that noise ordinances are enforced by human beings, and being loud isn't the worst crime in the world. So jam loudly, but party wisely, and if you have some nocturnal Fargo-style "wood chipping" to do, for the sake of civility at least stop by 10 o'clock.

Disclaimer: While the above article cites directly from Blacksburg Municipal Code and VA State Code, it should be noted that the writer often employs the use of of monkeys to do his research, so the finished product should not be regarded as sound legal advice. As always, consult a real lawyer before doing anything questionable, risky or otherwise, fun.