Raleigh, Durham, Chapel Hill, CaryThe Triangle Area
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The other noise question reminded me that I've been meaning to ask this ...
I live along Cary Parkway, very close to the road. Traffic noise is a constant, but it's really become white noise to me. Even the sirens on emergency vehicles don't bother me. But there's one particular vehicle that travels both directions sometimes multiple times a day that is particularly annoying. It's a very distinctive vehicle (lift kit only on the front end) with VERY large mufflers. I can be sitting on my sofa with the windows and blinds closed, and know it's him driving by. It completely drowns out conversations and the TV. It's particularly bad if he's accelerating (which is often, because there's a stoplight nearby). I honestly have to believe it exceeds noise ordinance limits.
So my question ... do you think I would be wasting my time going to CPD and filing a complaint? I have the license plate of the vehicle. Do you think there's any hope of intervention that would fix this issue?
So my question ... do you think I would be wasting my time going to CPD and filing a complaint? I have the license plate of the vehicle. Do you think there's any hope of intervention that would fix this issue?
I'd probably file a complaint. It definitely helps that you have the plate number. From what you are describing it sounds like they're violating some kind of vehicular noise limits.
I'd probably file a complaint. It definitely helps that you have the plate number. From what you are describing it sounds like they're violating some kind of vehicular noise limits.
Q: Why does the Winston-Salem police force not aggressively enforce the city ordinance regarding extremely loud mufflers on automobiles?
Answer: N.C. General Statute 20-128 deals with exhaust systems (AKA: mufflers), stating that “No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler, or other exhaust system of the type installed at the time of manufacture, in good working order and in constant operation to prevent excessive or unusual noise, annoying smoke and smoke screens.”
“The problem with this statute is that it doesn’t define ‘excessive noise,’” Cpl. J.B. Gerald of the Winston-Salem Police Department said in an email response. Therefore, he said, it is left up to the officer to interpret what would reasonably constitute “excessive noise.”
“Furthermore, the officer must prove that the ‘muffler’ is an after market production or addition to said vehicle. This would prove difficult to prove unless the defendant admitted to same.”
Gerald said he was not aware of any current city ordinances that address the muffler issue.
“In short, there doesn’t appear to be any city ordinance that addresses the loud muffler issue that you’re facing,” he said. “North Carolina General Statute 20-128 does in fact address the issue. However, it doesn’t clearly define ‘Excessive Noise’ and therefore this statute isn’t prima facie. In other words, it’s not as easy to prove as speeding, expired registration, or even DWI. Instead, it’s a matter of opinion.”
Until the North Carolina General Assembly defines “Excessive Noise” or makes it measurable by some means, he said, it’s difficult to charge.
In other words, unless Cary or Wake County have strict noise ordinances (i.e. decibel limits), then you’re likely not gonna have much of a leg to stand on.
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