Dumfries Proposed Noise Threshold Increased, Penalties Unchanged

By URIAH KISER

DUMFRIES, Va. — It’s more than just loud music at parties that can get police attention – car alarms that won’t shut off, heavy machinery, even the sound of a large vehicles on U.S. 1 using their brakes can draw the ire of town residents.

Now, for the first time since 2007, the town police department wants to update its noise ordinance – a document that dictates how loud noises can be within town limits, and what fines or penalties violators have to pay.

Dumfries Police Chief Robert E. Forker proposes putting clearer decibel limits on sounds in residential, commercial, and industrial areas, making the town’s ordinance identical with Prince William County’s. While nighttime sound levels in the newly proposed document are permissible at 55 decibels in residential areas, the ordinance increases the allowed nighttime sound levels in commercial and industrial areas to 60 and 72 decibels, respectively.

The new ordinance, as Forker originally proposed it, would’ve also brought stiffer penalties for violators, making it a class two as apposed to a class three felony for violators. It would have imposed an increased fine of $1,000, up from $500, and the possibility of up to six months in jail if convicted.

This, however, did not sit well with members of the Town Council who unanimously motioned Forker slash those changes and maintain the class three felony punishment, which brings with it a $500 fine. Council members also moved to make it mandatory police give warnings to first-time violators before summons are issued or arrests made.

“There should be a warning the first time…the first encounter telling me that I’m wrong based on how I present myself, or based on his interpretation of me, I think that’s too much [of a] police state,” said Vice Mayor Willie J. Toney.

Forker, and Town Manager Daniel Taber, said police officers use discretion when responding to noise complaints.

“What generally happens is, police officers will respond and they will tell the individuals to cut the noise off and shut the party down,” said Taber.

If police have to ask again, a summons could be issued and an arrest could be made, he added.

The proposed noise ordinance is slated to be revised and presented again to the Town Council at a later date.