The Arlington County Board approved an updated noise ordinance last month, amid concern from businesses that it’s too strict and complaints from residents that it’s not strict enough.
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Effective immediately, restaurant managers will be liable for the noise of their patrons if it can be heard in a residence 100 feet or more away from midnight to 9:00 a.m in mixed-use areas, which the county outlines in maps of areas like Clarendon, Ballston, Pentagon City and Columbia Pike.
Anywhere in the county, from 2:00 a.m. to 6:00 a.m. anyone who can be heard “yelling, wailing, shouting or screaming” can receive a ticket for $100 or more.
The email listserv of the Clarendon-Courthouse Civic Association (CCCA) erupted today in protest over changes to Arlington’s noise ordinance, which the County Board is scheduled to vote on tomorrow (Saturday).
The changes are needed in order to allow police to objectively enforce the noise ordinance; the current ordinance contains subjective enforcement provisions that were struck down by the state Supreme Court. The ordinance attempts to address what county officials say are the top four noise-related complaints in Arlington: loud parties or gatherings, construction noise, animal noises and live entertainment venues.
Staff consulted an ad hoc committee of condo owners in Ballston who want police to issue citations whenever they can hear noise in their apartments that originates from at least 50 feet away. The condo owners want the enforcement period to start at 10:00 p.m. on weeknights, 11:00 p.m. on weekends and from noon to 6:00 p.m. on Sundays.
In voting to advertise changes to the noise ordinance on Tuesday night, the County Board gave itself the flexibility to decide whether to make the minimum distance 50, 100 or 200 feet, and to decide when the noise ordinance should be enforced.
Noise Ordinance Approval Delayed — The Arlington County Board decided to delay approval of an update to the county’s noise ordinance after hearing concern from swim clubs that the ordinance could make cheering at swim meets illegal and punishable by fines or jail time. County staff will now try to craft an exemption for the summer swim leagues. In addition to strengthening prohibitions on loud TVs and music, the noise ordinance update calls for a “quiet period” in single-family home neighborhoods that would impact morning swim meets. [InsideNoVa]
Chatman Addresses Fraud Conviction — Fresh off the announcement that Oprah Winfrey would headline her upcoming fundraiser in Arlington, congressional candidate Lavern Chatman is trying to downplay word that she was found liable for $1.4 million in damages in a decade-old fraud case involving a D.C. nursing home operator. Chatman called the case a “nightmare” and said she “didn’t pay much attention to the details” when she agreed to provide a loan to a “trusted friend” — a friend who ended up withholding the wages of nearly 300 employees of the nursing home company. [Blue Virginia]
Board to Consider $6.6 Million Homeless Shelter Contract — County staff is recommending that the Arlington County Board approve a $6.6 million contract for construction of the new year-round homeless shelter in Courthouse. The contract includes a $1.1 million construction contingency to cover overages. The contract is “within budget,” a county spokeswoman said. The new Homeless Services Center will include 50 year-round beds, 5 medical respite beds and an additional 25 beds for winter months. [Arlington County]
Hike in ART, STAR Fees Proposed — Arlington County Manager Barbara Donnellan has proposed a hike in fees for the county’s ART and STAR transportation systems. The base fare for ART buses would increase from $1.50 to $1.75 under Donnellan’s proposal. [Sun Gazette]
The Arlington County Board will review the draft noise ordinance at its March meeting.
Among the updates to the ordinance are prohibiting anyone from playing music or TVs loud enough to be heard by a neighbor as close as 20 feet away in an apartment building or 50 feet away across a property line. From the draft:
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On Saturday, the Board approved new restrictions to the bar’s outdoor patio. Despite A-Town’s owner’s objections, the outdoor bar will no longer be able to serve alcohol directly to patrons after 10:00 p.m. from Sunday to Thursday and 11:00 p.m. on Friday and Saturday. All alcohol served on the patio will have to be delivered by a waiter to patrons at a table.
The change to the bar’s site plan was made after residents of nearby condominiums, in particular The Berkeley at Ballston (1000 N. Randolph Street), lobbied the Board with complaints that the bar was making too much noise and negatively impacting property values.
Bracket Room’s owners had applied for a live entertainment permit, but decided within the past couple of weeks to withdraw the application. They made the decision based on noise complaints from neighbors living in Lyon Place apartments — located directly above the sports bar — who say the existing music is too loud.
“We’ve had a lot of issues with the tenants in the building from the beginning,” said Co-owner Jeff Greenberg. “The residents were calling the police when we first opened, which I hear really happens to everybody. But we don’t want to upset the people in the building or the landlord.”
“I moved here in 1994, and it was relatively tranquil,” she wrote. “Now, there is new construction going on all over, trees are being leveled, hilltops razed and the sound of construction equipment is everywhere, with the incessant beeping of bulldozers backing up… no longer can I have breakfast or lunch in the gazebo, and forget sleeping past 7 a.m.”
The noise is “unbearable ” and the county has refused to do anything about it, Lamb continued.
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The incident happened around 10:30 p.m. on Wednesday, Nov. 21, on the 3000 block of S. Randolph Street in Shirlington.
The man, who was intoxicated, was upset that a “drinking party” in his apartment building was making a ruckus, even after he asked the party-goers to quiet down, according to ACPD spokesman Dustin Sternbeck. Frustrated, the man began filming the party with his cell phone from the building’s courtyard.
The second of two scheduled public meetings on proposed changes to Arlington noise control ordinance will be held tonight.