HomeMy WebLinkAbout04-30-21 Public Comment - B. Leland - Noise Ordinance CarsFrom:Administrator
To:Agenda
Subject:Noise ordinance
Date:Friday, April 30, 2021 11:21:33 AM
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Commissioners,
It is my understanding there is an interest in visiting the city’s noise
ordinance as it relates to construction activity. I would encourage the
Commission to also visit the issue of loud exhaust noise from cars, trucks and
motorcycles. Each year millions of dollars are spent on noise reduction,
including quiet rail crossings, design research in an effort to reduce the noise
from vehicle tires, jet engines, locomotives and rail rolling stock. Illegally loud
vehicles not only negates gains in the afore mentioned efforts, but are also a
readily addressable issue. After numerous conversations with former Chief
Crawford, I was informed that the BPD purchased a decibel meter and has staff
trained in its use.
Downtown businesses now more than ever like to have their front doors
propped open. One loud motor cycle outside and your conversation has to
wait. All over town air conditioning use goes up because neighborhoods get
too noisy to have the windows open. We also have the intrusion of
unnecessary urban noise on the sounds of our many parks and trails.
I would appreciate your attention in this matter. I took the liberty to
include MCA language.
Thank you,
Brian Leland
220-6148
§ 61-9-403. Mufflers--prevention of noise
(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in
constant operation to prevent excessive or unusual noise and annoying smoke, and no
person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.
(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to
prevent the escape of excessive fumes or smoke.
§ 61-9-435 Exhaust noise limitation.
(1) Except as provided in subsection (3), a person may not operate a motor vehicle with an exhaust
system that emits a noise in excess of 95 decibels, as measured by the society of automotive
engineers' standard j1169 (May 1998).
(2) A person charged with violating this section may not be convicted if the person had reasonable
grounds to believe that the vehicle was not operated in violation of the standard in subsection (1).
(3) This section does not apply to a motorcycle or quadricycle that is subject to 61-9-418.
61-9-418. Motorcycle and quadricycle noise suppression devices -- motorcycle and
quadricycle spark arrester. (1) All motorcycles or quadricycles operated on the streets and highways
of this state must be equipped at all times with noise suppression devices, including an exhaust
muffler, in good working order and in constant operation. In addition, all motorcycles and
quadricycles operating on streets and highways must meet the following noise decibel limitations,
on the standard A scale, to be measured at 50 feet from the closest point to the motorcycle or
quadricycle:
(a) any cycle manufactured prior to 197092 db(A)
(b) any cycle manufactured after 1969 but prior to 1973 88 db(A)
(c) any cycle manufactured after 1972 but prior to 1975 86 db(A)
(d) any cycle manufactured after 1974 but prior to 1978 80 db(A)
(e) any cycle manufactured after 1977 but prior to 1988 75 db(A)
(f) any cycle manufactured after 1987 70 db(A)
(2) (a) Except as provided in subsection (2)(b), a motorcycle or quadricycle may be operated
off of a highway on public lands only if the motorcycle's or quadricycle's noise emissions do not
exceed 96 db(A), using test procedures established by the society of automotive engineers under
standard J-1287.
(b) The noise limitations in subsection (2)(a) do not apply to motorcycles or quadricycles that
are operated for special events permitted on closed courses by a state entity or local government.
(c) A motorcycle or quadricycle may not be operated off of a highway unless it is equipped with
an adequate spark arrester to prevent the escape of sparks or other burning material from the
motorcycle's or quadricycle's engine.