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Noise Ordinance Infraction

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  • 01-08-2008, 03:24 PM
    turbospool
    Noise Ordinance Infraction
    Ive had my car for two and a half years. the same stock system in it since i got it. never had a problem. I was going through a town this afternoon, I past a cop I made sure i wasnt speeding my lights were all fine. and he pulls me over right after i pass him, i stopped at a stop sign fine. then when i proceeded he pulled out from where he was parked and turned his lights on. pulled over and he gets out and says my music is too loud. there are no signs up anywhere in that town about it. it was 4 o clock in the afternoon. he said on the ticket he could hear it from a 100 feet away. so my question is one if he can still pull me over w/o any signs or notice being up.

    He can just approximate how far away I am from him and then pull me over?
  • 01-08-2008, 05:49 PM
    cdwjava
    Re: Noise Ordinance Infraction
    What state are you in?

    Chances are there is a state law covering amplified music or noise emanating from a vehicle. Even if cited for the local ordinance, if the ordinance reflects state law it should be okay.

    - Carl
  • 01-08-2008, 06:58 PM
    turbospool
    Re: Noise Ordinance Infraction
    Quote:

    Quoting cdwjava
    View Post
    What state are you in?

    Chances are there is a state law covering amplified music or noise emanating from a vehicle. Even if cited for the local ordinance, if the ordinance reflects state law it should be okay.

    - Carl

    PA. Right I understand the correlation between the state and local. but my question is whats the benchmark. it should be a Decibel point and they should have the soundmeter to check it right there on the spot?

    or is it like oh thats a younger kid in a VW lets pull him over. theres no subs in the car nothing. its absurd you could even be pulled over and still given a ticket when they can very clearly see there is no aftermarket stereo in the car.
  • 01-08-2008, 07:41 PM
    cdwjava
    Re: Noise Ordinance Infraction
    Quote:

    Quoting turbospool
    View Post
    PA. Right I understand the correlation between the state and local. but my question is whats the benchmark. it should be a Decibel point and they should have the soundmeter to check it right there on the spot?

    I'm not going to look it up for your state, but in CA if the music is heard more than 50' from the operating vehicle, then it is in violation of the Vehicle Code. I suspect that is the same in PA as well. I doubt it requires decibels so much as it requires distance.

    Quote:

    its absurd you could even be pulled over and still given a ticket when they can very clearly see there is no aftermarket stereo in the car.
    One does not have to possess aftermarket speakers to be playing their music too loud.

    - Carl
  • 01-08-2008, 07:48 PM
    cdwjava
    Re: Noise Ordinance Infraction
    It appears that there may not be a state code covering this, but local ordinances DO seem to be common AND they pass Constitutional muster.

    See this appeal where there is ample discussion of these ordinances:

    http://www.courts.state.pa.us/OpPost.../A06018_05.pdf

    Even without signs or notices, the section can be upheld. If the ordinance does mirror some state law in this area, then you are doubly damned as you are presumed to know your state's traffic code when you accept the responsibility to drive ... yeah, I know there is no way to know EVERY rule, but the expectation is there all the same.

    - Carl
  • 01-11-2008, 12:08 PM
    turbospool
    Re: Noise Ordinance Infraction
    Quote:

    Quoting cdwjava
    View Post
    I'm not going to look it up for your state, but in CA if the music is heard more than 50' from the operating vehicle, then it is in violation of the Vehicle Code. I suspect that is the same in PA as well. I doubt it requires decibels so much as it requires distance.


    One does not have to possess aftermarket speakers to be playing their music too loud.

    - Carl



    well okay then as far as distance goes, there was no laser distance estimator or a tape measure involved when he pulled me over, he never got more than 50' from me.

    and thats BS if its a stock system its a stock system it came from the factory like that. theres no ****in subs in the car. its ****in BS. thats ****in worse then a tail light being out. OH I pulled you over cause i could hear you stereo

    it dosnt say anywhere in that clause at the end of the PDF. the officer can approximate the distance, assume, or guess.
  • 01-11-2008, 12:15 PM
    cdwjava
    Re: Noise Ordinance Infraction
    Quote:

    Quoting turbospool
    View Post
    well okay then as far as distance goes, there was no laser distance estimator or a tape measure involved when he pulled me over, he never got more than 50' from me.

    and thats BS if its a stock system its a stock system it came from the factory like that. theres no ****in subs in the car. its ****in BS. thats ****in worse then a tail light being out. OH I pulled you over cause i could hear you stereo

    The section likely says nothing at all about woofers or aftermarket speakers. if the officer was more than X feet away and heard the music, that is a prima facie violation. You can argue that he was never more than distance, but you'll lose ... unless he was closer than that from the moment you turned on the stereo you either approached him with the music on or pulled away. He does not NEED a measuring device and CAN estimate the distance. You can go into court and argue that he did not hear it and he lied, but then you're going to be faced with the question as to why the officer keyed on you if he did NOT hear it.

    Anyway, you do have a right to contest the citation, Go for it.

    - Carl
  • 01-11-2008, 12:19 PM
    cdwjava
    Re: Noise Ordinance Infraction
    Quote:

    Quoting turbospool
    View Post
    it dosnt say anywhere in that clause at the end of the PDF. the officer can approximate the distance, assume, or guess.

    It also does not REQUIRE a measuring device be used. He can always estimate.

    I may not know the exact measurement from my driveway to the north corner of the street, but I KNOW it's more than 50', so if I see a car driving down the street on the corner and hear the music, I KNOW he's in violation of my state's law even though I don't know the exact distance.

    Estimation of distance is acceptable everywhere, but that distance is an arguable presumption. So, you can always present evidence to rebut the contention that he could hear the music outside the radius.

    - Carl
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