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Muffler/noise ordinance fails after debate over enforcement and scope
Summary
An amended ordinance targeting unnecessary vehicle noise, muffler cutouts and modified exhausts failed after aldermen split over enforceability, pending court wording and potential impacts on motorcycle charity rides and other events.
The Board of Aldermen considered amended bill 5248, an ordinance regulating unnecessary vehicle noise, mufflers and muffler cutouts, during its Dec. 17 meeting. The board first voted to untable the ordinance for second reading and then reopened full discussion.
Major Locke explained enforcement limitations tied to existing case law and the need for law-enforcement observation for certain offenses. As Major Locke put it during the discussion, "careless and prudent action has to be witnessed by law enforcement. We can't just take a citizen's complaint... If driver can be positively identified ... then action to be taken." That explanation framed much of the debate about whether the city should adopt its own noise-specific ordinance or rely on existing statutes and police procedure.
Some aldermen and residents argued for tools to address burnouts, loud exhausts and modified diesel trucks' 'rolling coal' behavior; others said residents believe the city already has adequate laws and worried about overreach, enforcement cost and inadvertent impacts on charity motorcycle runs that bring visitors to town.
After debate the motion to approve the amended ordinance (seconded and considered on its second reading) failed on roll call; the mayor announced the nays had it and the amended bill 5248 did not pass.
