Some of the neighbors have reported this problem but after the police officers leave it all starts up again.
So I decided to look up the ordinance on noise control and see if we have any recourse. I don't want to make enemies of my neighbors but I kind of like having my hearing intact.
So here it is:
LIGHT VEHICLE NOISE CONTROL
96.15 SCOPE
"This subchapter shall apply to the control of all noise caused by light motor vehicles and originating within the limits of the city. (71 Code, 90.10) Ord. G-79-730, passed 2-5-79)
96.16 DEFINITIONS
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terminology used in this ordinance, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated db(A) or dbA.
LIGHT MOTOR VEHICLE. Any automobile, van, motorcycle, motor-driven cycle, motor scooter, or light truck with a gross vehicular weight of less than 8,000 pounds.
MODIFIED EXHAUST SYSTEM. An exhaust system in which:
- The original noise abatement devices have been physically altered causing them to be less effective in reducing noise;
- The original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or
- Devices have been added to the original noise abatement devises, such that noise levels are increased.
NOISE. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE LEVEL. The A-weighted sound level produced by a light motor vehicle.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter and weighing networks used to measure sound pressure levels. The instrument shall comply with the standard for Type 1 or Type 2 sound level meters as specified in American National Standards Institute Standard ANSI 51.4-1 91, or its successor.
SOUND PRESSURE LEVEL. Twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micro pascals. The sound pressure level is expressed in decibels. (71' Code, 90.11) (Ord. G-79-730, passed 2-5-79)
96.17 CAUSING EXCESSIVE NOISE LEVELS.
(A) It shall be unlawful for any person to cause noise levels from the operation of a light motor vehicle in excess of 84 dbA in any area within the corporate limits of New Albany. Measurement shall be made on pedestrian walkways or on other suitable locations at a point closest to the street, but no less than 20 feet from the point of exhaust emission. (71' Code, 90.12) (Ord. G-79-730, passed; AM. Ord. G080-803, passed 5-5-80)
(B) In addition to the prohibition provided for in 97.07, it shall be unlawful for any person to operate a light motor vehicle which causes excessive noise levels as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal. Motor vehicles may not have a modified exhaust system that is equipped with: a muffler cutout; a bypass; or any similar device. At the request of the operator of the light motor vehicle, the officer can administer a stationery motor vehicle noise test. The stationary motor vehicle noise test can provide information as to the extent of defectiveness of the exhaust system or as to whether excessive noise levels were caused by improper operation of the light motor vehicle. ( '71 Code, 89.13) (Ord. G-79-730, passed 2-5-79) Penalty, see 96.99
Cross reference: Vehicle with offensive muffler, see 97.07
96.99 PENALTY
(A) A violation of this chapter for which another penalty has not been provided shall, upon conviction, be in an amount not exceeding $50 for each offense.
(B) Every person convicted of a violation of 96.15 through 96.17 shall be punished by a fine of not less than $25 or more than $100.
(C) A person who violated 96.01 through 96.04 may be fined no more than $25 for the first offence; and no more than $50 for the second and each subsequent offence, and in addition on the second or subsequent offence a law enforcement officer may confiscate any offending instrument used in violating 96.01 through 96.04. ('71 Code, 90.99(B)) (Ord. G-79-730, passed 2-5-79; Am. Ord. A-03-53, passed 8-21-03)"
So the translation is this: If someone keeps driving down your street in a loud vehicle of any type they can be fined. Maybe my husband can yell that instead of "Slow that thing down or better yet park it".
34 comments:
Good luck on that fight!
We have a group down the street with a beat up ATV who treat our neighborhood like their own personal dirt trail, and always after 10pm to about 1am, they get all they dogs in the 'hood fired up, and rip through hootin' and hollarin'.
And much the same as you, IF the police can get there when they are doing it, they are told to park it, which lasts about until the police leave the neighborhood.
In addition to this, a certain company that sponsors an amateur race team seems to think that Silver Street is the test track for their 93 chevy impala race car. Nothing says peace and quite like a built up 350 v8 running straight pipes at 4000 rpm...
Earth to Shirley, laws are not enforced. Fees are not enforced. But our Mayor forgives parking tickets downtown. Deal with the noise, they won't do a damn thing.
The noise laws, muffler laws, whatever...they need to be enforced. That's a public nuisance.
WHY DON'T OUR POLICE ENFORCE THIS LAW?
Not sure why local government aren't willing to deal with this. It seems that the revenue deom fines which should increase with each infraction - would be quite welcome in this tight-budget era. Maybe Shirley they think 'kids' don't have money to pay fines? (yet, they have the money to build rolling superblasters.)
Complain, complain, complain. The more you complain the less likely the police will do nothing. Call the cops. Call the mayor..again, and again, and again.
Let him earn that $11,000 raise.
I have great sympathy for your problem but short of signs on the street or edge of town noting that a noise ordinance is actively enforced, what can one really do? Even then will anyone turn down a stero if they see a sign? Will weekend motorcyclists re-tune their exhausts to not rumble your gut? Will leave blowers be banished? Speeding can be controlled to some degree by changes in the physical structure of a road --but noise?
Find a councilmember to complain to, one who supports the middle class and not the degenerates.
I work from home and have made many complaints to City Hall over the years. They usually respond, although noise is always a tricky issue.
It seems to me that the lackadasical enforcement is the problem. I hear it at the traffic intersections all the time. The cops seem to not care.
We need a zero-tolerance policy for noise control. I'm with you Shirley on this one.
Lack of enforcement on noise issues? How many of you guys and gals complaining about the lack of enforcement will be screaming to high heaven if the city pays out the butt for certified decible meters for every single cop car?
Gotta have proof to write a citation.
Thank you for all of your comments.
Anon 7:01 how much do these decible meters cost? I really don't see the need though because the ordinance says that if one can hear the sound 50' away it's too loud. But if it takes decible meters to save my hearing I'll pay the extra tax.
FYI New Albany already has some hand held ones. Why would anyone want to raise our property tax bills over noice enforcement?
But if it takes decible meters to save my hearing I'll pay the extra tax.
So you'll pay extra taxes to have a quiet street, but you wouldn't for the YMCA to be built, or for an additional attorney for more teeth behind the enforcement program.
Wow, that makes no sense.
Anon 11:33
Whay should everybody foot the bill for the Y, THEN have to pay out the butt to go there, if you can even get near the place because of all the people who will get to go for free?
Chances are the same ones getting free memberships are thesame one with the $500 cars with five thousand dollar 22" wheels, and two thousand dollar stereos and no exhaust system....
I say you got a real great point there 5:03 PM.But...we don't need more attorneys, nor do we need rental inspections either. Go figure.
Why not fix problems instead of creating them. There is no leadership in this town. Everyone has their hands in the cookie jar.
My family does not want one dollar of our tax dollars going to Scribner Place.
I don't think the price of a few decible meters comes close to the cost of the swimming pool at the "Y".
Anon 3:54
In regards to a "rental inspection program", honestly no one is advocating that. All that is being discussed right now is registration of rental properties so that people can be reached if there are serious problems with a property that are reported by other people.
In reagrds to Lawyers, we NEED a full time city attorney. Mr. Gibson simlpy does not have time to collect on the tens of thousands of dollars owed to the city by way of citations for ordinance violations
Addendum:
We SHOULD find a way to enforce the noise ordinances, but before we can reasonably do so, we should do like Clarksville and claerly post through out the city the noise ordinance.
Let the inconsiderate violators pay the fees to take care of it.
Realistically speaking, enforcing noise laws are next to impossible.
Shirley,
I think Mr. Price might disagree with you. You know, nickles and dimes.
Heck, he even wants to make sure that New Albany's fines aren't higher than other towns around here. I guess he wants to make sure the law breakers are welcome in New Albany. I wonder why?
There is a law on the books 2 stating the garbage companies from Louisville can not come over to New Albany in the middle of the night to empty dumpsters and wake residents up, or nursing home residents up, or whomever. If they can not service New Albany during the day the last thing we want to hear (thanks to mixing residential and businesses together by our City Planner) are those dumpsters being slammed back down on the ground at 3 am.
It was amazing how many people were bothered by this issue and the noise and the interruptions to their sleep. You can call and call and the "route man" for these companies swear they will never do it again.
Where are the police? Why do they not ENFORCE any laws, except when it benefits them to do so?
All of the money they want and all they have to do is "ENFORCE" the laws ALREADY ON THE BOOKS.
I don't give a darn which law it is, or which department. Until they start collecting money from the scofflaws, to hey with what THEY WANT FROM US, I mean me. LOL
Thanks Shirley. So many laws broken, so many fees (from sewers to parking to building), 2 MUCH.
I'd be happy to tell them, but I already have. No one seems to care.
I heard some horrible noise going on yesterday. It sounded like the wind, only much stronger than usual. I'm going to complain to Doug about it. I'm sure he'll get right on it.
I just loved that knock, knock joke about Obama.
christopher d,
We have a full time attorney. He's busy lining his pockets with bond commission. What your saying is we need bigger government. But we don't. What we need is honest government.
Kluss,
England will tell you what ever you want to hear. He'll promise you the moon the stars and anything else he can think of. Get real why don't you. Besides this is not Clarksville. Why worry he has Mr. Yes man (Gonder) right up his ***. Hello people look at his voting record.
Thanks Erik for putting the truth out there. If the shoe fits wear it.
I had to chuckle after reading NAC and Diggin in the Dirt a call for citizens to help clean up New Albany. What's funny is these points:
1. Who went on TV last night and said: We will pay what ever it takes to clean up this city.
2. Are these two groups only interested in their areas?
3. Why not use EDIT money to pay for clean up.
4. What the hell have we all been doing for the last two days?
The city is broke and England and his group needs to go to jail. Oh BTW why not pull jil inmates and have them earn their food and board.
Give us taxpayers a break! Some people work for a living.Unlike those who receive $85,000 a year. Unlike the Mayor and Deputy Mayor. Whose going to pay us for all the spoiled food in our refrigerators?
You can't walk the walk and talk the talk. England should lead by example not lip service.
typo: Jail inmates.
BRAVO 8:13 PM. I COULDN'T HAVE SAID IT ANY BETTER. JUST WHEN WE THOUGHT LIFE COULDN'T GET ANY TOUGHER.
There is no Erik.
klaus,
too funny.
Erik stays on top of the issues that affect me and my family. A big fan of Freedom Of Speech.
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