TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Enforcement of Noise Ordinance
DATE: June 12, 2006
PURPOSE
The purpose of this memorandum is to respond to a citizen petition requesting increased enforcement of the noise ordinance in the Westside neighborhood.
BACKGROUND
At the April 10 business meeting, the Council received and referred a petition from a citizen who requested that the Police Department increase its enforcement of noise violations in the Westside neighborhood, particularly violations involving noise from car stereos.
DISCUSSION
Section 11-39.1(b) of the Town’s Code of Ordinances makes it unlawful to operate a vehicle sound system on public or private property in such a manner that the sound coming from the system is detectable at a distance of 30 feet from the source. Violations of this section of the noise ordinance are considered nuisance violations.
Since FY 2003-04, 40 of the 71 citations issued for noise violations have been issued to motorists whose vehicle stereo sound was audible at least 30 feet from the vehicle.
Enforcement of noise violations arising from loud vehicle stereos typically occurs as a result of a police officer’s direct encounter with a motorist on a public street. Most citizen complaints about vehicle stereo noise involve vehicles parked on private property or traveling through residential neighborhoods.
Nuisance violations (e.g. loud parties, power equipment, and loading operations) typically require complaints from two sources before enforcement action is taken. Because of the transitory nature of vehicle stereo nuisances, officers may take enforcement action if they observe the violation, with or without a citizen-initiated complaint. Enforcement of stereo violations reported by citizens is difficult. Officers cannot take action against a violator based solely on the citizen’s statement. Nor can enforcement be taken by tracking a vehicle based on a license plate number provided by a citizen. Officers must first locate the offending vehicle and then directly observe a violation in order to issue a citation.
CONCLUSION
The citizen’s petition has been forwarded to the police chief. The Police Chief has directed department supervisors to review the noise ordinance with all patrol officers. These reviews will take place over the next few weeks. Officers will be encouraged to continue their enforcement of the vehicle stereo provisions of the ordinance and will be made aware of the particular concerns of the residents of the Westside neighborhood.