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CITY OF VIRGINIA BEACH v. MURPHY

Record No. 890281.

389 S.E.2d 462 (1990)

CITY OF VIRGINIA BEACH v. Maureen MURPHY.

Supreme Court of Virginia.

March 2, 1990.

Attorney(s) appearing for the Case

William E. Byman, Asst. City Atty. (Kevin J. Cosgrove, Interim City Attorney, on brief), for appellant.

No brief or argument for appellee.

Present: All the Justices.

WHITING, Justice.

This case involves the validity of a city's noise ordinance.

Maureen Murphy was prosecuted for violating Virginia Beach City Code § 23-47 because she permitted loud music to emanate from her restaurant in the City of Virginia Beach (the city). As pertinent, that code section provides:

(a) It shall be unlawful for any person to create, or allow to be created any unreasonably loud, disturbing and unnecessary noise in the city...

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