Attorney: Limited curfew may pose problems

By Justin Faulconer

Published: September 3, 2008

Amherst County’s attorney advised the Board of Supervisors Tuesday to use caution in considering any curfews for minors in Old Town Madison Heights.

Residents asked the supervisors in July for a curfew, citing loitering and noise, which also led them to ask for stricter noise laws. The board directed its attorney, J. Vaden Hunt, to study the legalities of a curfew.

“Based on my research, legally, I do not recommend that the county implement a curfew only in the Old Town area,” Hunt said. “If the county were to do so, I firmly believe it could subject itself to numerous time-consuming and costly constitutional challenges.”

Hunt stated that state code does not prevent supervisors from adopting a curfew for the entire county. He said numerous localities statewide, including the city of Danville and Henrico County, have such curfews.

Another “viable, less controversial” alternative would be to adopt an anti-loitering ordinance that Hunt said “appears to be sorely missing” from the county’s code. Hunt said that after speaking with residents, loitering seems to be a major problem.

Supervisor Leon Parrish, who represents the Old Town area, said he felt loitering deals mostly with gang activity.

“You see five, six kids standing on a corner, you better beware of something going on,” Parrish said.

The supervisors directed Hunt to research a definition of loitering and return at the board’s next meeting with the information.

Meanwhile, Hunt gave a first reading Tuesday of a proposed ordinance intented to further restrict excessive noise and give Sheriff Jimmy Ayers the means to start tracking violations with decibel readers. Supervisors still have to hold a public hearing before they can vote on it.

Now, deputies use their judgment to enforce violations based on a “reasonable person” estimate, Hunt said, which often leads to confusion. The sheriff supports a tougher noise law that better equips deputies, Hunt said.

“They will know precisely when to act and when not to act,” Hunt said.

The new 10-page law proposes a sound limit of 65 decibels from 10 p.m. to 6 a.m. in all residential areas. Violations constitute as a misdemeanor and could result in fines.

In other business:

–– The supervisors voted uanimously to allow George M. Hutchinson to continue operating an automotive repair garage within the Seminole Shopping Center. Hutchinson had operated the shop for eight years without a zoning permit or business license. The county has agreed to allow him to pay three years of back taxes, plus the current year, on the business.

–– The supervisors voted unanimously to let John C. Ramsey operate a fitness center in the Seminole Shopping Center. Fitness centers are not allowed as a permitted or special exception use in the B-2 (General Commercial) district, which required that the supervisors override the requirement.

–– In an effort to acknowledge the importance of the upcoming election, the board unanimously passed a resolution encouraging all eligible citizens to vote.