The Shadow
LOW MOOR – After two months of discussions, proposals to impose noise and sign ordinances in Alleghany County were killed by the board of supervisors Tuesday night.
The ordinances, requested by Boiling Springs Supervisor Dave Price, were killed by 6-1 votes.
Price requested both ordinances be drafted in August in response to complaints he received from constituents. The noise ordinance would have imposed civil or criminal fines against violators who “caused harm or injured the safety or health of any person” through noise. The sign ordinance would have imposed time limits on the placement of temporary signs on private property.
“I just don’t see where we have a big sign problem, and if we don’t, we shouldn’t create a law just for the sake of creating a law,” Supervisor Chairman Steve Bennett said.
Bennett was among the six supervisors who voted not to send the draft sign ordinance to the planning commission for review. Since the ordinance would have fallen under zoning, the planning commission would have been required to hold a public hearing before making a recommendation to supervisors.
Supervisors would have also been required to hold a separate public hearing before voting on the ordinance.
The noise ordinance, listed as an information item on Tuesday’s meeting agenda, was scheduled to be further discussed Nov. 3. Supervisors voted unanimously to make the ordinance an action item Tuesday night to avoid further procrastination on the matter. The board voted 6-1 not to move forward with the ordinance.
“I just don’t know see where a noise ordinance is going to help anything. I just don’t see how we are going to enforce it,” Sharon District Supervisor Cletus Nicely said.
Alleghany County Sheriff Kevin Hall said that if the ordinance was adopted by the county, his deputies would have been required to carry some type of devices to measure the level of noise when arriving at the scene of a complaint. He said deputies would have also been required to actually hear the noise upon arriving. Violators could have been subject to hundreds of dollars in fines.
“Some of these fines are just ridiculous. Thousands of dollars in fines for just making noise,” Bennett said while reviewing the latest draft Tuesday night. “We are a rural Virginia County, we are going to make noise.”
Bennett said he had received several telephone calls from county residents opposed to adoption of the noise ordinance.
“The mood in the county right now is not more government intrusion,” he said.
Supervisors did receive comments from the public about the ordinance Tuesday night. One speaker voiced concerns about how the ordinance would affect hunting and gun rights.
A resident of Dolly Ann Apartments spoke in favor of the ordinance, citing ongoing noise problems that occur late at night.
Bennett said residents do have the ability to file complaints about noise under the county’s nuisance ordinance.
He said the county will soon be releasing information through the news media to educate the public about the nuisance ordinance.
In other business Tuesday, supervisors:
– Approved $22.9 million in amendments to the 2010-2011 county operating budget.
The amendments include $9.2 million in carry forwards and $13.7 million in outstanding encumbrances.
– Approved a request to seek additional funds from the federal Transportation Enhancement Program funds to assist with the next phase of construction on the Jackson River Scenic Trail.
The funding request will be filed with the Virginia Department of Transportation. No funding amount was mentioned in a resolution approved by the board. A funding amount will be included in the application after the county receives cost estimates.
– Learned that a request for a special-use permit by Jean Shepard to allow Luke Mansion to be operated as a bed and breakfast inn by future owner has been withdrawn.
County Administrator John Strutner said the county received a letter from Shepard Oct. 12 stating her intent to withdraw the application. He said she has the right to file another application after a two-month waiting period.
– Tabled making a recommendation for appointment to the board of zoning appeals from the Falling Spring District.
The current appointee, Rodney Kyle, does not wish to be reappointed.
The appointment will be made by the Alleghany County Circuit Court, under recommendation from supervisors.
