RSSFace the music -- Noise ordinance is unenforceable
Yakima Herald-Republic
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This editorial appears in the October 6, 2009, Yakima Herald-Republic.
City Council members in Union Gap probably didn't know it at the time, but they relied on a famous line from Shakespeare for inspiration when they passed a new ordinance fining people who blast loud music out of their car sound systems.
The new civil infraction, passed unanimously by the council, is directed at those decibel-detonating stereo systems that are, as Shakespeare well noted in "Macbeth," "full of sound and fury, signifying nothing."
It would appear Union Gap wants to bring back the bucolic days of yesteryear when sound systems consisted of tiny car radios with speakers so weak that back-seat passengers had to crane their necks forward just to hear the music. What the council wants to curb are those annoying car stereos with 500-watt boosters that disrupt quiet neighborhoods with sound waves that rattle windowpanes a block away.
The law defines violators as those who play music from a vehicle that can be heard 50 feet away. The city wants to make this a "zero tolerance" law and slap a miscreant with a $250 fine.
All we can say is: Good luck. While we are sympathetic to the plight of Union Gap residents who are battered with ear-splitting music, we wonder how the police will be able to enforce this. Just hearing a loud sound system won't bring swift justice.
What happens when the violator drives off after the homeowner dials 9-1-1? What are the police to do? Race after them? Noise traps will have to be set up just like the police do with speed traps along busy thoroughfares. That takes time, extra personnel and money.
Perhaps the only way to fight fire is with fire. May we suggest Barry Manilow? Since most of these loud car stereo systems seem to blare out hip-hop type music, why not counter that sound with an ear-splitting reply -- Manilow singing "Mandy" or "Copacabana"? Or how about Engelbert Humperdinck crooning "Release Me"?
If those don't work, several reprises of Wayne Newton's "Danke Schoen" should do the trick. It's worth a try. Several large signs declaring the area a "sound-free zone" may also dissuade potential violators.
But saddling police with the task? Look at what's happened with prohibitions against drivers using cell phones. Another law that Shakespeare would say is "full of sound and fury, signifying nothing."
* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.
I've seen the Barry Manilow idea before, but that would make EVERYONE ill, maybe even worse than the loud stereos themselves.
Instead, how about the police being able to ticket cars, as they travel, for the mind-numbing mega-basses and such, as they find them while underway. Why would the neighbors have to call. For all these I hear as I'm doing my limited driving around town, if I had a ticket-book, I could probably help the city make up the budget shortfall.
The LAST thing that should happen is to divulge to the kids that their loud music must be tolerated by all, like it or not. Maybe the receipt of a citation and the inherent inconvenience it will cause, enforceable or not, would have a deterrent affect.
A license number called in and a summons to bring the car in for an inspection of said sound system? This would be a pain for the violator.
Report ViolationPerhaps the YHR should look up the word "deterrent" in the dictionary.
Report Violation"But saddling police with the task? Look at what's happened with prohibitions against drivers using cell phones. Another law that Shakespeare would say is "full of sound and fury, signifying nothing."
Funny that you mention cell phones. It seems that everytime I see a police officer driving, they have a cell phone up to their ear. Good luck enforcing that law when you can't adhere to it yourself.
I'm somewhat embarrassed to think the phrase "what's good for the goose, is good the gander." When I see a cop talking on a cell phone, I have to wonder, is he much more capable of multi tasking than I am? What training has he had that qualifies him to multi task operations that I can not be trusted to do? Is he talking to emergency or police personnel? I hate to think that the PD communicates via private cell phones. Or maybe the officer is just flaunting the idea that "See what I can do. If you do it, I can give you a ticket." Or lastly, maybe they don't believe in laws they can't enforce for a profit. Ah ha, the profit motive. Stop, ticket and fine all who use a hand held device while driving. Money! Hand over fist. But why stop there, adjusting the radio, or the heater or air conditioner is just as distracting. Maybe we can cite drivers for opening or closing windows, or turning on the wipers. Yep, we can get mega money for these things, just let them write the laws.
We have to hurry though, someone may read them before they become law and we will know how silly it all is.
Has anyone been cited for cell phone use? I have been "observed" by various police agencies a number of times talking on the cell while I'm driving with, (knock on wood) no reaction or recognition by the officer. Giving me a break? probably, But maybe he/she also understands that the above comments have some merit. I'm sure the have better things to do. Actually, hands-free cell phone use is useless. The major distraction is actually the conversation that is going on, when people have a tendency to "zone" into it instead of focusing on driving. try noticing it sometime in that context and see if I'm not right.
Report ViolationNick, I know that this may be asking too much from you, but how about educating yourself about what you rant on and on about? No, you have not been singled out for special treatment by law enforcement. That's just your ego thinking for you, as usual. The cell phone law is not considered major enough to pull you over for. You must be doing something else stupid first. Second, law enforcement officers have an exemption to this particular law. Good lord, go back to school and get a life.
Report ViolationThey shouldn't have an exemption for the cell phone law. The last officer I saw talking on a cell phone was driving erratically and bumped the curb driving past Panda Express. What a lovely example.
Report ViolationPerhaps this ordinance is trivial and unenforceable but one that isn't (and is in fact state law) deals with altered (or non-existent) exhaust systems; especially where motorcycles are concerned.
Why nearly every Harley owner thinks that everyone else wants to listen to his/her un-muffled, flatulent antique is beyond me.
Even worse is the fact that the police seem to have absolutely no interest in enforcing this law...and they wonder why respect for their profession is at an all-time low. And please, don't give me the crap about "Loud Pipes Save Lives". The only thing loud pipes save are loud pipe makers!
So....using the "Loud Pipe" logic, maybe everybody with a Miata, Solstice, Skye, Boxster, MR2, Smart, MINI...heck ANY small car should remove their muffler. Imagine how safe our roads would be! Seriously, if bikers want to run straight pipes, then let them find a legislator to sponsor legislation to make it legal. Until then, the police should enforce the existing law. If a rider doesn't know how to stay out of another vehicle's blind spot, and is depending on his exhaust pipes as a defensive mechanism, he/she has no business riding.
For such a small issue, there is an underlying consistant theme. We have become a state and nation that selectively picks which laws it wants to follow and sweeps the others under the rug.
It is so frustrating...Look at the scope of issues we face these days and then ask yourself, "If we held all people living here accountable to our laws...ALL OUR LAWS...would we be in such a dismal place right now?" Hmmmm...I think not.
It seems like instead of figuring out a solution, we have become complacent.
Loud annoying stereo wake up the kids? Ya...but we can't really do anything about it.
Too much violence in our streets? Ya...but we don't really do anything about it.
Too many people (illegal and not) living off of the backs of hard working Americans? Ya...but...well you get the idea.
YHR had it right...why write the law if if won't get enforced? Cherry picking the laws has always gone on and a lot of tickets won't get written. The music is annoying but I smile at the thought of the young adults that will eventually have hearing problems...what??
Why doesn't the Union Gap Police Department sit at the corner of Valley Mall Blvd and 1st and hand out tickets to those running the red light? A constant revenue stream is waiting.
Report Violationsourdough you should practice what you preach, it only took a few minutes to look it up.
This offense can only be cited if you where pulled over for a primary offense and then if you have the phone to your ear then you could be cited for the secondary offense.
RCW 46.61.667
Using a wireless communications device while driving.
(1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.
(2) Subsection (1) of this section does not apply to a person operating:
(a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle;
(b) A moving motor vehicle using a wireless communications device in hands-free mode;
(c) A moving motor vehicle using a hand-held wireless communications device to:
(i) Report illegal activity;
(ii) Summon medical or other emergency help;
(iii) Prevent injury to a person or property;
(d) A moving motor vehicle while using a hearing aid.
(3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission.
(4) For purposes of this section, "hands-free mode" means the use of a wireless communications device with a speaker phone, headset, or earpiece.
(5) The state preempts the field of regulating the use of wireless communications devices in motor vehicles, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by a political subdivision or municipality to regulate the use of wireless communications devices by the operator of a motor vehicle.
(6) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
(7) Infractions that result from the use of a wireless communications device while operating a motor vehicle under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.
sourdough also note the exception section as well.
Report Violation
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