Storeowners play soft music to make a customer feel comfortable while shopping. But when the volume rises outside store walls, it may deter a customer from enjoying the experience.
That is the sentiment of many local business owners on the Downtown Mall who, along with area residents, have spoken out about the loud music coming from musicians and street performers on the city's cobblestone pedestrian shopping zone. These upset parties have looked to City Council to take action prohibiting excessive noise levels in the downtown area.
Charlottesville City Council is trying to strike a balance between eliminating loud noise and appeasing its constituents.
"A report was given to us by our attorney with a bunch of options from a number of cities," Charlottesville Mayor Blake Caravati said.
Caravati said the U.S. Constitution prohibits a direct ban on amplified music, as a violation of free speech.
In U.S. Labor Party v. Pomerleau, the Fourth Circuit Court found that the right to amplify speech or music is protected by the First Amendment and cannot be outlawed by state, local or federal governments.
Caravati said while a locality cannot outlaw amplified music entirely, it can make reasonable restrictions in order to make its residents more comfortable.
He said one model he finds promising is the Northern Virginia city of Alexandria, which prohibits any noise exceeding 75 decibels at a distance greater than 10 feet.
He added that the ordinance would be easy to enforce because it has been proven that if a person of normal hearing can hear the noise clearly 50 feet away, then the noise exceeds 75 decibels.
However, not everyone on Council feels such an ordinance is necessary.
Councilor Kevin Lynch said he thinks the musicians and business owners on the Downtown Mall should work out their differences themselves and not turn to Council for a solution.
Lynch said he thinks such dialogue has been successful so far, noting that "musicians have been more considerate of merchants lately."
He said most of the problems had come from "Fridays After 5," a free outdoor concert series on the Downtown Mall, which had its final concert last Friday.
An ordinance, most likely in the fashion of Alexandria's ordinance, should be drafted within a month.
Council also is working with the Charlottesville Police to determine what decibel limit would be most appropriate for the ordinance.
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