Council item could allow Austin Police to cite drivers for noisy vehicles

https://www.kxan.com/news/local/austin/council-item-could-allow-austin-police-to-cite-drivers-for-noisy-vehicles/

AUSTIN (KXAN) — City council members on Thursday will consider amending city code to let police officers cite motorists for loud engine noise, especially in residential areas.

Item 38 on the council’s agenda asks council members to “Approve an ordinance amending Chapter 12-1 (Traffic Regulation and Administration) of the City Code to add a new section relating to vehicle engine noise; and creating an offense.”

This was prompted by “numerous complaints of loud and excessive noise emanating from motor vehicles—most often motorcycles—negatively impacting the quality of life of Austin residents,” according to city document. APD said it worked with the City Attorney’s Office to draft the amended City Code language.

APD said residents report the same people that cause loud engine noises are also often seen speeding or “performing other hazardous driving behaviors” on roads like RM 2222.
The change would allow police to cite for “unreasonable noise,” which would be a Class C misdemeanor violation.

According to the draft ordinance, officers would have to consider multiple factors, including the following:

the intensity (sound pressure) of the noise or vibration;
whether the nature of the noise or vibration is usual or unusual;
the volume and intensity of the background noise or vibration, if any;
the proximity of the noise or vibration to residences;
the time of day when the noise or vibration occurs;
the duration of the noise or vibration; and
whether the noise or vibration is recurrent, intermittent, or consistent
The draft ordinance defines excessive noise like this:

“A vehicle engine noise or vibration is presumed to be loud or disturbing and offensive to a person of ordinary sensibilities in violation of this section if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a peace officer that the noise is a public nuisance.”