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Noise Ordinance


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Master Asylum 
Silver - Posts: 400
Silver spacespace
Joined: November 05, 2004
Location: United States
Posted: February 24, 2005 at 10:05 AM / IP Logged  
I was wondering what experience you guys have here with this problem. My town recently just passed a noise ordinance and I'm trying to find out the dB level and everything and so far I haven't been able to. From what I've heard it is roughly a night time enforced thing for sleeping sake and such, which I understand and is fine. During the day it'd have to be outrageous to get pulled over I'm betting, but around here I wouldn't be surprised. Just want some heads up from anyone experienced with the stupid ordinance.
1998 Monte Carlo w/
Eclipse CD8454
2xRockford 5.25" Power 2-way T152C
2xRockford 6"x9" Punch 3-way FRC4369
1xMemphis 16-MCH1300 5-channel
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Asmodeus 
Silver - Posts: 393
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Joined: September 02, 2004
Location: United States
Posted: February 24, 2005 at 10:16 AM / IP Logged  

Here where I am its not a dB level but rather how many feet away from your car you can be heard....

I think if the officer can hear your stereo from 20 ft or something you are too loud. Which is complete BS....How many times have I been sitting at a stop light and from behind me all I can hear is the wide open exhaust of a Harley Davidson Motorcycle and they never get a noise violation....

I would go to the courthouse or ask a Police officer about the specifics...They will tell you ..

Noise Ordinance -- posted image.
Making the World A Louder Place
DYohn 
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Joined: April 22, 2003
Location: Arizona, United States
Posted: February 24, 2005 at 10:16 AM / IP Logged  
It depends where you live.  Here in California any stereo that can be heard AT ALL from 50 feet away is a violation.  Certain cities have tougher rules, some have specific db rules, and others have no laws at all.  Most areas specify the noise laws only apply between 10pm and 8am, but some cities (like San Jose CA where I live) have no such time restriction.  If the cop wants to ticket you they can and it's a $200 fine.  They impound your car after three noise tickets.
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oonikfraleyoo 
Gold - Posts: 1,069
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Joined: January 04, 2005
Location: United States
Posted: February 24, 2005 at 10:20 AM / IP Logged  
Prattville, Alabama, If your music can be heard from 5 FEET away from the vehicle you can be TAKEN TO JAIL!! No ticket, handcuffs. They don't even have the option of giving you a ticket. Its either arrest you or leave you alone. Its also a $500 bond to get out. I have never seen anyone actualy be arrested, most of the time they will pull you over and warn you. I don't worry much cause I'm too old for the police to pick on. They only like to F**k with highschool kids.
Nik
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haemphyst 
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Joined: January 19, 2003
Location: Michigan, Bouvet Island
Posted: February 24, 2005 at 11:04 AM / IP Logged  
I do not know where I got this from, but I used it and it DOES work. I used it after I found the article, applied the theories involved, and I was able to avoid the nasty stuff involved with a ticket. I liked it enough that I copied it, and I send it to other friends of mine when the situation happens to them, and it has helped two of them:
1) Check your local laws, know exactly what they say.
2) If pulled over, don't argue. Make known the fact that you are going to contest the violation, politely.
3) Ask how loud you were. "I could hear you 50 feet away." is almost certainly a "dismissal". It's on the state/county/city/township to prove how far away they were... and they have to be able to prove it.
4) If they do conduct a sound metering test, make sure the meter has been calibrated within a year (<--generally, a good rule of thumb), and have them prove it.
5) Being heard fifty feet away isn't against the law, as talking can be heard from fifty feet. There as to be a minimum dB that constitutes the sound violation. Did you break that minimum? Don't use test tones or burned cd's above 128kps.
6) Did you break the minimum? Don't get worried yet. Now you have them on discrimination, on the grounds of youth (most people who get pulled over for this are under the cop's age, and are probably a minor) and/or in my friends terminology, prejudice. Why prejudice? Have them test a Harley (or any bike with no baffles), a car with flowmasters(or loud pipes period), a neighbor's lawnmower (make it an old crusty one,lol), and see how loud they are at 50 feet. Chances are at least one of them will be as loud, if not louder than you.
7) Now do some research - how many Harleys (or any other type of motor vehicle) have been pulled over for the same violation? It's a matter of public record, so getting the files will be simple. Might cost you a litte money, but to prove a point and/or save your audio equipment, it's should be worth it. Chances are slim that you'll find many, if any at all. Now see how many violations have been issued for car stereos. There will probably be more of these. Now you see the discrimination based on prejudice? (Has almost nothing to do with a person's color, though in an extreme case, that could be used as well) The police were prejudiced against your stereo... especially since most cops own a Harley, (Yep... here in Bakersfield, they do - Haemphyst) hot rod or have a friend that does. Do you believe they will give themselves, friends or family member the same ticket for their ride?
8) Now you have a solid case, and if still convicted, you have a civil suit, if you wish to persue it. Chances are, if they haven't pulled over people for loud exhaust, tire noise (yep...listen to a set of boggers going down the road) or firing up their lawnmower at 6 am... you'll be let off, more than likely with a warning.
Now this isn't a "get off scott free" ticket. You still need to boom responsibly. My friend was pulled over going home from school at 11am (lunch..hehe). He was sitting a intersection from the school to a local highway. No homes, one gas station and easily 1/2 mile (2640 feet) to the actually school facility. He was about 600 feet from the school's new gym/pool house. The cop was leaving the gas station and pulled up behind him, so he was only about 25 feet from him.
So please don't go around at 10 pm thru your cul-de-sac with the system blaring. If you do that, you deserve the ticket.
Again, do some research... be responsible, and most of all, comsider the financial end of this arguement. It could get costly to fight this fight... weigh your options before you proceed.   He was able to do it for free due to his course of study, criminal law. of course alot of you are in college... use the library to it's fullest potential.
I am not an attorney, I have NO legal training, but I do know the laws, now, and how to use them to protect myself. This DOES NOT constitute legal advice, and neither I, nor THE12VOLT.COM accept any responsibility for your use or misuse of the information contained herein!
It all reminds me of something that Molière once said to Guy de Maupassant at a café in Vienna: "That's nice. You should write it down."
chucksnee 
Copper - Posts: 127
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Joined: January 29, 2003
Location: United States
Posted: February 24, 2005 at 11:29 AM / IP Logged  
Why do people try to get out of a ticket? Its the law! Just adhere to it! Stop trying to get around the law!
You can talk about how many Harley's have been pulled over for there exhaust, but i'm will to bet not that many, just for the simple fact that THEY ARE WITHIN THE LAW!! Go figure? They have exhaust the law requires an exhaust, they have it. It's your little finger that turns the volume way up so you can be heard.
(kinda like the parents who are sueing the gun maker for making the gun who killed the son)
That is what is wrong with the world today! So many people try to get over on THE LAW, If more people would just use it the way you are suposed to and stop trying to get around it, we would not be paying some of the insurance that people pay now!
Before anybody starts complaning i have a descent system and i drive on an Army base alot where the rule is 25 ft and i have yet to get a ticket! WHY BECAUSE I KNOW THE LAW AND I TURN IT DOWN!
kfr01 
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Joined: April 30, 2003
Posted: February 24, 2005 at 11:39 AM / IP Logged  

I like the disclaimers, haemphyst. 

I also like the suggestions, to some extent.  However, there are arguments on the other side and the outcome is far from clear. 

The difference - clear difference - with the Harley, lawn mower, old cars, trucks, etc., is that those devices do not have a volume control.  There is absolutely no burden on the owner of a stereo to turn his volume knob down a bit.  On the flip side - there would be a real financial, effort, and time burden on all of the other devices you mentioned to control their volume.  Moreover, the other devices serve some limited utility - your stereo serves absolutely zero utility.  Worse still, because of the variable nature of your car stereo, along with other facts like 2 15" woofers, windows rolled down, etc. -  it is very easy to argue that you _intend_ to make yourself heard.  You _intend_ to disturb the peace.  The mower of lawn certainly doesn't _intend_ to make noise - he intends to cut his damn grass.  The Harley man doesn't _intend_ to disturb others (arguably) he simply intends to transport himself from point A to point B.

It won't take a genius prosecutor to make these arguments.  The outcome - even if you come up with picture perfect research or seemingly airtight argument - is far from clear. 

Rule of thumb - next time you turn the volume knob up ask yourself why you're doing it?  Are you trying to impress others on the road?  Are you trying to grab attention?  If so, it is probably too loud and I frankly don't feel badly for you if you're pulled over and ticketed.  I highly doubt that people listening at reasonable personal listening levels with the windows rolled up get pulled over often.

And if you boom in my neighborhood after I fall asleep you should be pounded with a heavy hammer.  Noise Ordinance -- posted image.

I am also not an attorney and the above does not constitute legal advice.

New Project: 2003 Pathfinder
oonikfraleyoo 
Gold - Posts: 1,069
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Joined: January 04, 2005
Location: United States
Posted: February 24, 2005 at 11:47 AM / IP Logged  
I have always had quite loud stereos. I also hate it when someone pulls up at a red light next to me hittin 140 Db. Its stupid. I always turn my radio down in neighborhoods and at red lights and such. I don't do it to make people look at me. And if you do you could probly find a much cheaper way to get attention. But still I think its ridiculous that my city will take a 16yo kid to JAIL because he was being a 16yo kid.
Nik
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haemphyst 
Platinum - Posts: 5,054
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Joined: January 19, 2003
Location: Michigan, Bouvet Island
Posted: February 24, 2005 at 11:50 AM / IP Logged  
Chill, man... what we are talking about here DIRECTLY, is EQUAL TREATMENT under the law. Motor vehicle laws require exhausts, yes, and they all have them. SO F-ING WHAT?!? The local law says I can't make this much noise with my stereo, but why are they allowed to make WAY more noise than that with their exhaust? They should not be allowed to...
I DO adhere to the law, but when I got my ticket, the cop was just being a DICK, I was at a SHOW, with a permit, in the middle of the day, at a PUBLIC PARK, and EVERYBODY was doing the same thing I was doing... he just picked me out of the group... and YES he just picked me out of the group... I was NOT drinking, my completely unmodified car (no exhaust, not even RIMS) was NOT running. I was not even AT the car, I was 20 feet away, talking to a friend, in a group of about 15 people! He came and hunted me down.
It all reminds me of something that Molière once said to Guy de Maupassant at a café in Vienna: "That's nice. You should write it down."
Master Asylum 
Silver - Posts: 400
Silver spacespace
Joined: November 05, 2004
Location: United States
Posted: February 24, 2005 at 11:51 AM / IP Logged  

There is a HUGE difference in this case chuck... The law becomes too stingent at times and must be fought back. Now if they say between like 10/11PM to like 8 AM I can't do it, fine, I don't care, there is a VERY good reason for that. (Locally there is one strip of old folk homes that has problems with music at night like this, and that is completely logical, sleeping shouldn't be violated.) There are also areas that I understand my crude music shouldn't be heard(schools, though they can only really get you if you are off school property or drastically exceeding the property line of the school with the music, which the high school is well off the road, so then the school can provide issues. School=Private Property) But if I can't drive around with my music hitting hard like I like it in the middle of the day, that's bs. There is a hill climb quite often around this area, and that means high traffic of, sorry to say this, assaholic bikers. I have to turn my music up to hear OVER them when they are down the road, and when they accelerate it freaking hurts my ears! When they pull up next to me, I have to close my car to even attempt hearing the music. That is ridiculous, and part of my counter is going to be a loud system, you want a loud car, I'll have a loud car, we'll see who wins. And if I'm getting pulled over for it, they should be as well, but they won't, for the above reasons. Not fighting the law... Hmmm. How do you think we became an independent nation? Really, just think about that. Sometimes the law is too imposing and counter measures must be taken, I live in a small town, and work for the big delivery place, so some cops are willing to let me go on that account with a warning. But I also travel to other stupid annoying towns, and mine has some, where the cops are just dicks and are prejudice, plain and simple.

Boom responsibly, yes. But responsible is COMPLETELY up to the decision of the cop. Just like tinted windows, there is NO percentage guide, yet they can still issue a ticket. A local Police Officer(PO) told me that if I go dark, TO PROTECT MY EQUIPMENT, just to make sure to turn my dome light on at night and make sure all hands of everyone in the car is visible. I might still get the ticket, but odds are it'll let me off.

There is acceptable reasons for laws, yes, but there is just some stuff that is outrageous. They damn well better have a dB minimum in the books or I'm not gonna be drastically worried, because that doesn't hold worth crap.

1998 Monte Carlo w/
Eclipse CD8454
2xRockford 5.25" Power 2-way T152C
2xRockford 6"x9" Punch 3-way FRC4369
1xMemphis 16-MCH1300 5-channel
2xKicker 12" L5 Solobaric-2 Ohm
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