Code of Ordinances_Mufflers, Prevention and Noise AmendmentMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Code Amendment - Mufflers, Prevention of Noise
DATE: May 1, 2012
Dubuque
bierd
All-America City
1
2007
Chief of Police Mark Dalsing recommends City Council approval of amendments to City
Code Section 9 -12- 321.346 Mufflers, Prevention of Noise, by modifying the requirement
for proof of a violation.
In an effort to maintain the high level of noise enforcement requested by the City
Council and Safe Community Task Force, the Police and Legal Departments have met
to discuss the City's ongoing efforts in vehicle noise enforcement and obstacles
encountered.
It was determined that rewording the current ordinance and adding additional
parameters would allow for objective standards for prima facie evidence of violations.
These changes will not eliminate an officer's discretion on noise violations but will add
codified parameters for direct evidence of a violation. These changes will act as a guide
for officers in enforcement, ease prosecution barriers, and will give citizens specific
examples of what will be considered a violation.
The ordinance adds the following:
"B. The following constitutes evidence of a prima facie violation of this
Section:
2. Equipment marked with either "off road use" or "not for street
use ";
3. Excessive revving and /or acceleration which can be heard at
a distance of at least two hundred feet (200'); or,
4. The operation of a vehicle making excessive noise so as to
be audible at a distance of at least two hundred feet (200') from the
motor vehicle."
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligan
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Da!sing, Chief of Police
2
Masterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Mark M Dalsing, Chief of Police
DATE April 30, 2012
SUBJECT Code Amendment- Mufflers, Prevention of Noise
Dubuque
had
NI- America City
'I 1 1 I'
2007
INTROD UCTION
This memo will discuss amendments to City Code section 9-12-321 436 Mufflers Prevention of Norse, by modifying the
requirement for proof of a violation
BACKGROUND
In an effort to maintain the high level of noise enforcement requested by the City Council and Safe Community Task Force,
the Police and Legal Departments have met to discuss the City's ongoing efforts in vehicle noise enforcement and obstacles
encountered
It was determined that rewording the current ordinance and adding additional parameters would allow for objective standards
for prima facie evidence of violations These changes will not eliminate an officer's discretion on noise violations but will add
codified parameters for direct evidence of a violation These changes will act as a guide for officers in enforcement, ease
prosecution barriers, and will give citizens specific examples of what will be considered a violation
RECOMMENDATION
The Police and Legal Departments take the City Council and Safe Community Task Force recommendations very seriously
and have made noise enforcement a priority The proposed changes will benefit both departments in these efforts and will
also give Dubuque motorists further guidance on propervehicle equipment I recommend that the proposed ordinance
amendments be approved
ACTION TO BE TAKEN
City Manager review and City Council approval of proposed amendments to City Code section 9 -12 -321 436 Mufflers,
Prevention of Noise
Prepared by
Mark Dalsing
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 32 12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9 -12- 321.436
MUFFLERS; PREVENTION OF NOISE BY MODIFYING THE REQUIREMENT OF
PROOF FOR A VIOLATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -12- 321.436 of the City of Dubuque Code of Ordinances is
amended to read as follows:
A. Every motor vehicle must at all times be equipped with a muffler in good working
order and in constant operation to prevent excessive noise or annoying smoke.
B. The following constitutes evidence of a prima facie violation of this Section:
1. The use of a muffler cutout, bypass, or similar device upon a motor vehicle
upon a street;
2. Equipment marked with either "off road use" or "not for street use ";
3. Excessive revving and /or acceleration which can be heard at a distance of
at least two hundred feet (200'); or,
4. The operation of a vehicle making excessive noise so as to be audible at a
distance of at least two hundred feet (200') from the motor vehicle.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 7th day .f May , 2012.
Roy D..jol, Mayor
• OFFICIAL
PUBLICATION
ORDINANCE NO. 32-12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR � ' VEHICLES
AND TRAFFIC, CHAP-
TER- 12 EQUIPMENT,
SECTION 9-12- 321.436
MUFFLERS; PREVEN-
TION OF NOISE BY
MODIFYING THE
REQUIREMENT OF
PROOF ), FOR A
VIOLATION
NOW, ;THEREFORE,
BE IT ORDAINED BY
THE CIj11 COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section11. Section 9-
12- 321.436 of the City
of Dubuque Code of
Ordinances is amended
to read as follows:
A. Every !motorvehicle
must at tall times be
equipped with a
muffler in good
working order and in
constant operation to
prevent excessive
noise dr annoying
smoke.
B. The following
• constitutes evidence of
a prima fp.cie violation
of this Section: •
1. The use of a muffler
cutout, (bypass, or
similar device upon a
motor vehicle upon a
street; . .
2. Equipment marked
with either "off road
use" or "pot for street
use ";
3. Excessive revving
and /or 1 acceleration
which ca be heard at
a distanc� of at least
two hundred feet
(200'); or,
4. The Operation of a
vehicle making exces-
sive noise so as to be
audible at distance of
at least two hundred.
feet (206') from the
motor vehicle.
Section 2. This
Ordinance takes effect
upon publ cation..
Passed, approved and
adopted the 7th day of
May, 2012
/s /Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspapelr on the 11th
day of May, 2012. •
/s /Kevin S. Firnstahl,
City Clerk
1t 5/11
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 11, 2012, and for which the charge is $15.94.
S 794
`714'
Subscribed to before me, a Notar Public in and for Dubuque County, Iowa,
this / day of V V Cur , 20 .
Not y Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Comm. Exp. DEC 11, 2013
EFFECT OF AMENDMENT
9- 12- 321.436: MUFFLERS, PREVENTION OF NOISE:
A. Every motor vehicle mustshal4 at all times be equipped with a muffler in good
working order and in constant operation to prevent excessive noise or annoying smoke.
Notwithstanding the foregoing, no person shallB. The following constitutes
evidence of a prima facie violation of this Section:
1. The use of a muffler cutout, bypass, or similar device upon a motor vehicle
upon a street,
2. Equipment marked with either "off road use" or "not for street use ";
3. Excessive revving and/or acceleration which can be heard at a distance of
at least two hundred feet (200'); or,
4. The operation of a vehicle making excessive noise so as to be audible at a
distance of at least two hundred feet (200') from the motor vehicle.