Tuesday, September 9, 2008


I don't know about you but we enjoy sitting on our back deck this time of the year except for one thing...NOISY 4 WHEELERS, MOTORCYCLES AND ASSORTED ATV'S!!!!!!

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:


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)


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:
  1. The original noise abatement devices have been physically altered causing them to be less effective in reducing noise;
  2. 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
  3. 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)


(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


(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".