If a proposed city resolution passes, Charlottesville street performers could face restrictions on how and when they may play their music.
The proposed law states that between 10 p.m. and 6 a.m., any noise, namely music, must be limited to 75 decibels in volume measured from 10 feet away. That is comparable to the noise emitted from an acoustic guitar.
The five-member City Council moved and seconded the proposal Tuesday evening. Council will carry out its final vote at its next meeting Sept. 17.
Also on Tuesday, in a move to appeal to opponents of the law, Council amended the measure so that on Friday and Saturday nights the enforcement would not begin until midnight.
Charlottesville residents living in the Downtown Mall area, as well as some concerned shopkeepers, led efforts to create the legislation. The proposed law is mainly aimed at regulating street musicians on the Mall.
The law functions as "a balance of rights," Council member Meredith Richards said. It "provides ample time in the evening for street performers to do their thing," but "the balance shifts toward residents at night."
Additionally, Richards noted that considers the proposal's intention as not to regulate street musicians but rather, it "discourages excessive noise late at night."
While she is a clear proponent of the law, mixed opinions exist within the Council.
Council member Kevin Lynch remains uncertain how he will vote Sept. 17.
"For the last year, in my opinion, the musicians have been pretty good at self regulation," Lynch said.
However, regarding the possibility of a decline in downtown Charlottesville as a cultural center because of the proposed legislation, he said. "I think by setting [the time] at 10 p.m. on weekdays and 12 a.m. on weekends, the effect on [the musicians] will be minimized."
Despite how Council members feel about the proposed law, the whole issue may come down to a matter of constitutional rights. In U.S. Labor Party vs. Pomerleau, the Fourth Circuit Court ruled that it is unlawful to outlaw amplified speech or music.
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