COMMITTEE HEARS NOISE POLLUTION, FIREARMS, AND INCREASED CRIME PENALTIES BILLS

ST. THOMAS- Members of the Committee on Homeland Security, Justice, & Public Safety led by Senator Steven D. Payne Sr. convened in a meeting at the Earle B. Ottley Legislative Hall. All items on today’s agenda were voted upon favorably and were sent to the Committee and Rules and Judiciary for further consideration.

In Block 1, testimony was heard regarding Bill No. 34-0211, an act amending title 19 Virgin Islands Code, part VI, chapter 62 relating to noise pollution to augment its enforcement. The measure was sponsored by Senator Novelle E. Francis, Jr. Richard Evangelista, the Commissioner of the Department of Licensing and Consumer Affairs spoke in support of the measure. The bill is seeking to provide more clarity with regards to noise control and soundproofing requirements in the regulating of taverns and bars. It overhauls the current statute by updating definitions, prohibitions and enforcement procedures and addresses sounds standards and operating times. The Noise Pollution and Abatement Act, enacted by congress in 1972, initiated a federal program regulating noise pollution that was to protect human health and by minimizing noise annoyance to the public. In 1982, this was shifted to state and local government. DLCA is tasked with enforcing provisions and restrictions of the noise ordinance. This is currently achieved through inspections of locations of taverns, bars, and restaurants in the territory to determine if they fall within 500 feet of a residence, church, or school. This also includes ensuring that these locations properly implement measures to reduce potential noise disturbances. This has been restrictive in Cruz Bay, and other very dense areas of the territory. Evangelista stated that the Department supported the reduction of noise restricted space from 500 to 100 feet within any church, school, residential zoning district and requiting the modification of the premises to reduce any sound that would be considered a noise disturbance or be beyond the sound standards.

Melody Rames, Executive Board Member for the Frederiksted Economic Development Association added testimony in support of the measure. Because Frederiksted is a mixed residential district that houses, restaurants, hotels, government, and private offices, as well as churches and schools, the concern over noise is a complicated issue. Rames reiterates that everyone who lives, works, plays, and worships in the area would like solutions to noise in the area. Amplified noise has caused numerous problems in the area, causing visitors to leave their hotel rooms, and diners to leave their meals. Even funerals have been conducted in the area with loud inappropriate music being blasted, disrespecting mourners. According to Rames, many homeowners in Queen Street, Frederiksted have had to flee their homes over the noise that has come from the bars and taverns located nearby. She welcomed the updating of the statute, stating that they have been waiting for over a decade for it to be properly enforced. Ronald Russell, the chairman and executive director of Our Town Frederiksted championed the measure, saying that it was a significant and appropriate modification to the Virgin Islands Noise Statute. Russell suggested that the rules and regulations proposed should include nonprofit groups and organizations that could help in drafting rules and regulations. He suggested that penalties should be given for using vehicles that disturb the peace, and that their license should be revoked for a period. He also suggested that a watchdog group be created that would help with enforcement of the statute, which would also be trained and have the authority to purchase the decibel monitoring devices.

Ray Martinez, the Commissioner of the Virgin Islands Police Department gave further testimony in support of the measure. According to Martinez, the incessant revving of car and motorcycle engines has negatively impacted all, as well as excessively loud music emitted from vehicles. On a monthly basis, officers have received dozens of noise related calls for service. Most of these calls have come from downtown business districts where bars and taverns are near downtown residences. The Virgin Islands Police Department has asked businesses to lower the music volume. Commissioner Martinez has stated that although the Virgin Islands Police Department training academy has distributed training regarding the statute, its enforcement has been non-existent, as available metering devices are out of date. Communication has occurred between the Virgin Islands Police Department and DLCA to fix the issue. As a compromise, the COVID 19 task force has been responding to inspections of businesses, which has led to citations. The departments began researching updated metering devices. These devices would effectively be like red light cameras, but activated by sound, using a filter that would notice noisy vehicles and exhaust. This technology would remain in a standby phase, until it detects a vehicle that is louder than the appropriate limit. When the limit was reached, it would capture video, audio, noise levels and upload to a server where an appropriate person could make a judgement.

Malik Stridiron, on behalf of the US Virgin Islands Car and Audio club also delivered testimony. Stridiron sought to address concerns and complaints that were addressed regarding noise pollution. Stridiron stated that car audio is a unique competitive sport that has brought professionals and amateur career audio enthusiasts and competitors together. Vehicles have been transformed from original factory settings and customized into state of the art, unique vehicles. Every month, throughout the Caribbean and the United States mainland, competitors travel to events to participate. A major complaint brought up relating to the sport is the high volume of bass which in traffic can cause those with heart machines to react. He stated that this was never their intention, and that high aggressive baselines are due to it being a major competition within the car audio sport. Stridiron also stated that car speakers must be broken in, which is why audio must be played at high volumes. He stated that their modified cars are extremely popular in the territory, having been used for various purposes, such as prom, beauty pageants, birthday parties, and senate and gubernatorial candidate purposes. These modified vehicles at car shows have served as major tourism drivers for the territory. Stridiron voiced his support for the measure, however, he voiced some concerns regarding signage over what decibel is allowed, tuning areas on each island to make sure their vehicles are operating properly, as well as allowing tint on their modified vehicles to protect their vehicles from theft and protection of internal equipment.

Eric Chancellor, the Deputy Attorney General gave testimony, stating that the Office of the Attorney General supported the measure. However, he did state that amendments did need to be considered. Section 1 of the proposed measure stated that Title 19, sections 2040, 2042, 2042a, 2043, 2044, 2046, and 2047 would be amended. He stated that some of the proposed sections already exist and adding them would introduce duplicate statutory language. He also voiced concern over a contradiction in the bill. Proposed section 2046e states that “this chapter does not apply to sounds emanating on the weekend, which includes Friday, Saturday, and Sunday, subject to a 3:00am ending (sic) on Friday, Saturday and a 12:00am ending time on Sunday. If, however, the day after Sunday is a holiday, then sounds emanating on that Sunday are subject to a 3am ending time.” No decibel requirements seem to be applied to this time. This was in direct contradiction to the proposed section 2042a which states that “sound standards for noise or music emanating from a business establishment are provided in paragraphs (1) through (3) … Friday, and Saturday, 7:00am to 2:00am, – 90 decibels.” The proposed measure was voted upon favorably.