A quick question
I'm home for a couple of days in between out of town excursions. Lots of work to get done around the house, and then i'll be busy all day tomorrow manipulating the election, so expect light posting for the next week or so.
On our way down the mountain yesterday, Mrs D and i passed through the town of Blowing Rock. It's gotten quite a bit tonier than i recall from my last trip, a decade or so ago. On our way into town we passed a sign that said "Vehicle Noise Ordinance Strictly Enforced." (Sorry, wasn't able to get a photo.)
Here's the question.
I know that a number of my readers are Durham city staffers. I don't know if anyone from Durham PD has yet discovered DE. I'm pretty sure that Durham doesn't have a separate "vehicle noise ordinance" at this time. We do have a general noise ordinance which theoretically covers things like barking dogs and ultra-loud sound systems in automobiles. Has anyone in Durham ever been issued a summons or citation for violating the noise ordinance by playing their car sound system too loud? I know i'm not the only person in town whose windows get rattled by sound systems two blocks away. Leaving this as a complaint driven ordinance is, of course, useless, as you can seldom see the car in question, and certainly by the time you report it, they're gone.
So, DPD - any plans to enforce the noise ordinance on these rolling sound monstrosities, or as i like to think about them, mobile broken windows?
On our way down the mountain yesterday, Mrs D and i passed through the town of Blowing Rock. It's gotten quite a bit tonier than i recall from my last trip, a decade or so ago. On our way into town we passed a sign that said "Vehicle Noise Ordinance Strictly Enforced." (Sorry, wasn't able to get a photo.)
Here's the question.
I know that a number of my readers are Durham city staffers. I don't know if anyone from Durham PD has yet discovered DE. I'm pretty sure that Durham doesn't have a separate "vehicle noise ordinance" at this time. We do have a general noise ordinance which theoretically covers things like barking dogs and ultra-loud sound systems in automobiles. Has anyone in Durham ever been issued a summons or citation for violating the noise ordinance by playing their car sound system too loud? I know i'm not the only person in town whose windows get rattled by sound systems two blocks away. Leaving this as a complaint driven ordinance is, of course, useless, as you can seldom see the car in question, and certainly by the time you report it, they're gone.
So, DPD - any plans to enforce the noise ordinance on these rolling sound monstrosities, or as i like to think about them, mobile broken windows?
Labels: Durham, Durham police
Since 1949, Durhamites have slept soundly, secure in the knowledge that, in our town, erection can be depended upon. Now, thanks to the power of the internets, we can spread that security all over the world.
10 Comments:
We should be very thankful that "whistle tips" haven't made it to Durham. God help us if they do.
By
weege, at 11:17 AM
I believe the phrase is "drive-by stereo."
By
Joseph H. Vilas, at 11:30 AM
I'm interest to know this too. we've got a dude a block down with the biggest rims EVER, and woofers to match...drives us INSANE when he drives by.
as far as general noise ordinance, we've always gone by the "quiet by 10pm" rule, especially since the boys like to have band practice in the basement...neighbors have always been content with that.
By
Vera, at 12:27 PM
My reading of the Durham noise ordinance (and i am admittedly not a lawyer) is that it makes repeated mention of noises which a "reasonable" person would "reasonably" find to be a nuisance, and only occasionally references specific times of day, mostly relating to the use of power tools and construction equipment, for which specific hours are set.
Barking dogs, for example, are a violation regardless of what time of day they are barking, as is, i believe, amplified music without a permit.
Regardless, since we seem to lack an enforcement mechanism for most of these laws, it doesn't really matter what the text of the ordinance is, does it?
And weege- please don't be giving anyone any ideas. Good christ, people are going to get hurt if those things start showing up in Durham.
By
Barry, at 12:51 PM
There are several ways to handle this. I think the town of Rye, New Hampshire, has a good ordinance for this (though I'd add car muffler modifications):
Rye Ordinance #25 (from www.ryepolice.us)
No person shall operate any vehicle on any way in the Town of Rye so as to make any loud, unusual, or unnecessary noise as hereinafter defined.
1. Definitions:
1. Vehicle – The word "vehicle" shall include bus, highway equipment, motorcycle, motor truck, motor vehicle, semi-trailer, sidecar, tractor, trailer, or other vehicle as defined by RSA 259:1.
2. Way - The word "way" shall include crosswalk, intersecting way or other public highway, or other way, as defined by RSA 259:1.
2. Loud, Unusual, or Other Unnecessary Noise - The words "loud, unusual, or other unnecessary noise" shall include any noise occasioned by any one or more of the following actions of the operator of any vehicle:
1. Misuse of power exceeding tire traction limits in acceleration, sometimes known as "laying down rubber" or "peeling rubber", or
2. Misuse of braking power exceeding tire traction limits in deceleration where there is no emergency, or
3. Rapid acceleration by means of quick upshifting of transmission gears with either clutch and manual transmission or automatic transmission, or
4. Rapid deceleration by means of quick downshifting of transmission or an automatic transmission, or
5. Racing of engines by manipulation of the accelerator, gas pedal, carburetor, or gear selection whether the vehicle is in motion or standing still, or
6. The blowing of any horn except as a warning signal or the use of any other noise making device whether the vehicle is in motion or standing still, or
7. No sound reproduction systems operated within a motor vehicle shall be used in such a manner as to create unnecessary noise for any person other than the driver and the passengers in said vehicle.
3. Motorcycle mufflers - No motorcycle will be operated on a way within the Town of Rye in violation of 266:59-a.
4. Penalty and Validity
1. Any person violating the penalties of this provision shall be guilty of a violation and upon conviction thereof shall be liable to a penalty of not more than $100 for each offense.
2. If any section or part of a section, or a paragraph of this article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or sections, or part of a section or paragraph of this article.
By
Unknown, at 7:44 PM
I believe that the noise ord. you were talking about might be a "Jake Brake" for simi rigs. But who knows. Just my 2 cents.
By
Korps, at 8:32 PM
Durham's noise ordinance is here. I know in Chapel Hill, there are signs on MLK alerting truckers to the fact that certain types of brakes are against city code. But Durham's code would seem to include both mechanical noise as well as music.
EG - "The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence."
Basically, my philosophy is this. If i'm mowing the lawn, and i can hear your car stereo over the lawn mower, it's too fucking loud. And that happens every time i mow the lawn. As far as i can tell, there's really only a handful of cars that are doing this. They just drive up and down the street four or five times a day. I'll bet if they got a ticket once a week for violating the noise ordinance, they'd turn the volume down from 11 to 5 or 6. Which is loud enough if you're inside the car, no?
The bottom line though is that Durham's code, whatever it is, is simply not enforced to any extent that i can determine. You can have the finest laws in the world, but if you don't have any mechanism for enforcing them, what do they mean?
Squat.
By
Barry, at 8:46 PM
and did you notice...
3) The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity.
By
Vera, at 12:44 PM
Believe me, i have been aware of that provision in the noise ordinance for quite some time.
The problem is, almost impossible to enforce, again. You've got to make a complaint to the DPD, usually by calling 911. It's not like the police don't have other things to do that are more important.
Even if you can get an officer to respond, most of the time the dog is barking because he's being ignored. Meaning nobody's home. The police can't write a citation to nobody.
Two summers ago i had a police corporal spend over 45 minutes with me in my driveway listening to a barking dog from the house behind me. (I guess it was a slow Thursday afternoon.) He apparently went by the house several times in the following days without ever finding anyone home to issue a citation to, even though i said i was willing to appear in court to testify when the case came up.
Needless to say, these are the same folks (different set of dogs, however) who still let their dogs wander through the neighborhood on an almost daily basis, and when they do confine them in their yard, allow them to bark pretty much non-stop.
We definitely need a better system of enforcing this relatively straightforward ordinance.
By
Barry, at 12:55 PM
All right, just my $.02...
I don't know about Durham's ordinances from experience, but I did have a coworker in Halifax County receive two citations: one for his stereo being too loud, and another for peeling out when the light turned green - both in the same instance...
and a coworker's son in Warren County spent $400 to have the tailpipe on his truck altered to make it louder, then two weeks later paid $200 in citations and fees, then $500 to have his tailpipe correctly installed. :P!
Some places are able to effectively enforce these ordinances, is my point.
By
Unknown, at 2:11 PM
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