Vehicle Noise Memorandum AddendumMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vehicle Noise Memorandum Addendum
DATE: November 1, 2011
Dubuque
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Chief of Police Mark Dalsing is providing an update to the information provided on
July 25, 2011 regarding the Dubuque Police Department's vehicle noise enforcement
efforts, as well as addressing citizen concerns on the efforts and suggestions on setting
decibel limits and using noise meters.
Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
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Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsirlg if
Chief of Police YY
MEMORANDUM
October 10, 2011
RE: Vehicle Noise Memorandum Addendum
INTRODUCTION
This memorandum will add additional information to the memorandum forwarded to you
on July 25, 2011.
BACKGROUND
On July 25, 2011 I forwarded you a memorandum about the Dubuque Police
Department's vehicle noise enforcement efforts as well as addressing citizen concerns
on the efforts and suggestions on setting decibel limits and using noise meters. The
information in the prior memo generally has not changed. As we have completed
another quarter of the calendar year, this memo will update the statistics on
enforcement.
In the third quarter of calendar year 2011, the Dubuque Police Department took
enforcement action on 130 vehicle noise violations. This would include 75 citations and
55 written warnings /equipment repair required citations. Of the 130 muffler citations &
warning /retests written, 117 (90 %) were cars /trucks and 13 (10 %) were motorcycles. Of
the 75 citations written, 62 (83 %) were cars /trucks and 13 (17 %) were motorcycles. Of
the motorcycles written, 11 of the 13 were Harley Davidson models, therefore Harley
Davidsons accounted for 15% of all citations issued and 8.5% of the total enforcement
actions taken on vehicle noise complaints.
When combined with the first two quarters of 2011, the Dubuque Police Department
took enforcement action on 453 vehicle noise violations with 295 citations and 158
written warnings /equipment repair required citations. Of the overall 453 muffler citations
& warning /retests written, 377 (83 %) were cars /trucks and 76 (17 %) were motorcycles.
Of the 295 written citations, 223 (76 %) were to cars /trucks and 72 (24 %) were written to
motorcycles. Of the motorcycles written, 57 of the 76 were Harley Davidson models and
the remaining 19 were other models. For the year Harley Davidsons accounted 19% of
citations issued, and 13% of all vehicle noise enforcement.
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ACTION REQUESTED
This is an informational memo only. No further action is required.
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THE CITY OF
DUI1'UE MEMORANDUM
Masterpiece on the Mississippi
July 25, 2011
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsin914)
Chief of Police
RE: Vehicle Noise
INTRODUCTION
This memorandum will address the Dubuque Police Department's efforts at addressing
vehicle noise within the City of Dubuque as well as alternative enforcement actions
suggested by opponents of current methods.
BACKGROUND
In February 2010, one of the Safe Community Task Force (SCTF) recommendations to
the City Council was, "Direct the Police Department to enforce noise ordinances more
aggressively. "The main targeted noise identified was vehicle noise, especially loud
exhaust. The City Council accepted this recommendation and it was directed to City
staff for implementation.
Several different techniques were used including officer extra attention, directed
enforcement, and special traffic projects. While 2010 saw an increase in enforcement
efforts over previous years, the department believed that the goal had not been
achieved. In 2011 the department increased its efforts. Based on the renewed efforts,
we have completed the first six months of 2011 with some positive results.
Between January 1, 2011 and June 30, 2011 the department took enforcement action
on 323 vehicle noise violations. This would include 220 citations and 103 written
warnings /equipment repair required citations. The 220 citations would be an
approximate 26% increase over the entire year of 2010. Overall enforcement to include
written warnings /equipment repair required citations cannot be compared as this
statistic was not previously recorded in the same manner.
Of the combined 323 muffler ticket & warning /retests written, 80.5% were cars and
trucks and 19.5% were motorcycles. Of the 220 citations written 161 (73 %) were written
to cars /trucks and 59 (27 %) were written to motorcycles.
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ENFORCEMENT OPTIONS
Another point of opposition has been that the noise enforcement is based solely on
officer discretion rather than a statutory decibel level. While the degree of noise is
based on officer discretion, most of the cases involving motorcycles can be based on
visible equipment violations or a combination of visual and audible observations. Our
guides are City and State Codes. They are as follows:
City Code: 9 -12- 321.436: MUFFLERS, PREVENTION OF NOISE
Every motor vehicle shall 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 shall use a muffler cutout, bypass, or similar
device upon a motor vehicle upon a street.
State Code: 321.436 MUFFLERS, PREVENTION OF NOISE.
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.
Additionally, motorcycle manufacturers produce original equipment for dealerships
which are certified to 80 decibels using the US Environmental Protection Agency noise
test procedure. Not all after - market exhaust systems comply with the EPA guidelines.
Many exhaust systems installed by owners are labeled or represented by their
manufacturers for off - highway or competition use only and do not have mufflers or
sometimes even baffles in place. These exhaust systems are often the primary source
of complaints as they can output sound well above 100 decibels.
As with most of our City ordinances, the language closely follows the Iowa Code's
verbiage and this is common, similar language in many states. Our ordinance language
has been consistent for the past 20+ years. As late as the early 1990's, set decibel
limits were still found in City code, and not just for vehicles but also for other common
urban noises. While there were set decibel limits, chapter 25 -121 dealt with the muffler
requirement on vehicles, used similar language to the previously mentioned current
muffler code, and was the common code used for noise enforcement. The Dubuque
Police Department did use decibel meters until the late 1980's but abandoned them for
a variety of reasons described below. The meters have not been in use since my
employment began in September 1989.
Depending on models chosen, decibel meters can cost $4,000+ per unit, but the
expense is a secondary issue to their use. One of the main issues that limited the use of
decibel meters and led to their eventual discontinued use was the procedures for using
the sensitive devices. The meters needed to be precisely set up at prescribed heights
and distances, calibrated each time, and users were required to account for ambient
noise and deflection off of surrounding structures /objects. Under these guidelines users
would be limited to the locations where they could be used. As an example, an area
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such as the downtown would be a difficult place to set up the meters because of the
density of buildings and potential for noise deflection and ambient noise. The use of the
meters also greatly limited the availability of enforcement. Only officers trained on the
devices could deploy them and we were limited by the number of available meters.
Officers could only enforce noise ordinance based on meter readings in the specific
areas where a meter was set up, therefore restricting other officers from using
observation and discretion in other parts of the city.
In researching the use of decibel limits, I made direct contact with several local chiefs
and also posted a question on an Iowa Chiefs' web forum.
Chief Trelka of Waterloo and Chief Hargadine of Iowa City advised that they do not use
decibel limits and instead use officer discretion. Both advised that these are not heavily
enforced ordinances.
Lt. Venema responded on behalf of Chief Donchez in Davenport and he advised that
Davenport uses a code that mirrors the State Code and that they have shied away from
decibel meters because of the same limitations I described above. For the past three
years, the Davenport PD has done annual enforcement projects during the warm
months, much like the Dubuque Police Department is currently doing.
Cedar Rapids Chief Graham advised that his city does have decibel standards in code
and does use decibel meters for enforcement but that enforcement is generally only
done if complaints are received as the ordinance and calibration for ambient noise
makes them rather cumbersome. The officers can write citations based on officer
observation but that has had limited success in their courts.
I received approximately 10 responses from smaller agencies to questions I posted on
the chiefs' forum and officer discretion based on Iowa Code or similarly worded local
ordinances appears to be the norm.
CONCLUSION & RECOMMENDATION
Noise pollution is a quality of life issue that results in dozens of complaints to the
Dubuque Police Department each year. The department has always encouraged its
officers to be proactive in enforcing the noise ordinances. The recommendation from the
Safe Community Task Force placed further emphasis on our efforts.
Because of our increased efforts, more drivers were cited with improper exhaust than in
previous years, especially motorcycle riders. In the first six months of 2011, 63
motorcycle riders were cited for improper or loud exhaust. While these 63 citations
account for less than 1% of the 6400 citations written so far in 2011, it is also several
dozen more citations then were written in previous years. It is not a code change that
has spurred the increase but rather just an adherence to the existing codes. In the past,
few motorcycles were held to the same level of accountability as four - wheeled vehicles
when it came to noise. It was accepted by many citizens and officers that motorcycles
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were louder and it was just a part of life. Based on the number of complaints each year,
the SCTF recommendation, and the eventual overwhelming positive citizen feedback as
a result of our efforts, this is an important issue in the lives of many Dubuque residents.
Letters to the editor of the Telegraph Herald as well as a number of e-mails and letters
received at the Dubuque Police Department and other City divisions show a strong
support for our efforts.
Change is difficult for people. Having to abide by a longstanding law that was previously
only partially enforced has caused some consternation for some motorcycle
enthusiasts. While I would doubt that few have changed their exhaust back to the
original equipment, I have observed that many have altered their driving habits so as to
not create excessive noise and draw attention to their riding. This behavior change was
one of the main goals of our enforcement effort.
In order to be able to properly address loud vehicle noise, officers need to be able to
address it when they hear it. The limitations of set decibels and the need for decibel
meters would greatly diminish our enforcement efforts and I would not recommend
changing the current code to mandate decibel readings.
ACTION REQUESTED
This is an informational memo only. No further action is required.
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