Jahsun Ma’atra is a traveling musician who likes to perform in public areas at beaches along the East Coast. Every summer, he returns to Virginia Beach where he sets up on the Boardwalk. His equipment includes a portable gas-powered generator on a rolling cart, a folding table and a sound mixer hooked up to three large speakers and a microphone.
He plays music using an app on his phone. Occasionally he picks up the microphone to sing as people pass by, and he offers it to others for an open mic session. The music can be heard from about a block away in both directions.
Ma’atra isn’t a paid performer contracted by the city and hadn’t obtained a permit required for playing music on the Boardwalk. The sound he produces between certain hours could be too loud, and the city’s looking at tweaking its noise ordinance to make it easier for police officers to issue tickets with a fine starting at $250.
On Tuesday, City Attorney Mark Stiles asked the City Council to consider changes to the ordinance, which currently requires the use of noise meters for measuring decibels of sound and is only punishable by criminal penalties, which are difficult to prosecute.
“It’s not practical or workable,” said Stiles. “Every time there’s a call for loud noise you have to dispatch an officer who has a noise meter and has been trained to use it.”
The proposed changes would include a new standard for measuring sound that wouldn’t require a noise meter. Those who produce sound that can be heard by the human ear outdoors from 100 feet away during the day and 50 feet away at night could face a civil penalty with a fine.
A noise meter could still be used to prove criminal violations from noises heard from inside a dwelling unit or outdoors.
The proposed amendments stem from complaints from hoteliers and residents about unsanctioned loud music at the Oceanfront on the Boardwalk and Atlantic Avenue, typically from buskers.
“It’s a public nuisance with the noise and disturbing other people’s right to quiet enjoyment,” said John Zirkle, of the Virginia Beach Hotel Association. “It’s not just someone sitting there with an acoustic guitar singing. Some of them are so loud you can hear it in the guest rooms 10 floors up.”
The lyrics of the music being sung or played can be disturbing to some people, he said.
“We’re a family-friendly resort,” said Zirkle. “You don’t want hear somebody dropping the F-bomb.”
The city’s Resort Advisory Commission, which makes recommendations to the City Council, supports the noise ordinance changes and wants to recommend a new process that would require buskers to obtain a permit so that they are aware of the rules, committee chair Randy Thompson said.
“Someone playing the drums pretty loud outside of a hotel, that’s not an image we want our visitors to see,” Thompson said.
Councilman Rocky Holcomb, who represents Kempsville, asked Stiles if new laws will help prevent an incident like last year, when a resident blared racists noises from a house.
Stiles said the proposed changes include a stiffer criminal punishment for repeated offenses measured with a noise meter.
“We need a new ordinance,” said Councilman Guy Tower, who represents the resort area. “This is a great start.”
Ma’atra, 41, who is originally from Dinwiddie, Virginia, describes his public performances as “pop-up rock outs.” He stays on the Boardwalk or in the adjacent parks for hours during the day and into the night.
On a recent Saturday afternoon, a couple walking by Ma’atra stopped to take his picture; another person gave him a thumbs up and a smile. Others just ignored him and didn’t make eye contact. He looks for people’s reactions.
“Music is the language of the angels,” Ma’atra said. “It takes on a spirit; I just come out here and facilitate the energy.”
Earlier this month, when he was performing after 11 p.m., police officers told him to turn the music down, he said. If Virginia Beach becomes more restrictive, Ma’atra said he’ll move on.
“I just ride the wave until there is no wave,” he said.
Public comment on the changes will be held soon, and then the City Council will vote on it.
Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com
