Based on a 2009 Virginia Supreme Court decision declaring that Virginia Beach’s noise ordinance was unconstitutional, many other jurisdictions throughout the state of Virginia have been hesitant to enforce their respective local noise ordinances – causing some distress among residents seeking to address loud noise complaints. Much of the issue surrounds the ambiguity of when the noise becomes excessive, and as such, many counties in Virginia are now seeking to address the issue by amending the current ordinances to meet the Constitutionality standard articulated by the Virginia Supreme Court.
As a business owner in Virginia, awareness regarding noise ordinances can be important, especially if you are a business that either: (1) engages in a trade naturally produces loud noises as a byproduct of the services performed, or, at the other end of the spectrum, (2) requires a certain level of silence to adequately conduct business. While local ordinances may not have the teeth currently to ensure a quiet work zone, commercial lease agreements often contain contractual provisions restricting the type of work you can perform in the space and the type of noise emissions permitted as a tenant within the space.
For more information, please see: http://www.washingtonpost.com/blogs/local/wp/2013/11/29/no-noise-is-bad-noise-in-fairfax-county-for-now/