Unreasonable Noise from Engine Exhaust

[zanbeak]

What is the name of your state (only U.S. law)? NY

Hey i got a pink summons ticket to NYC criminal court. the violation is 24-277

24-227 Exhausts.
Except as otherwise provided in this code, no person shall cause or permit discharge into the open air of the exhaust of any device, including but not limited to any steam engine, diesel engine, internal combustion engine or turbine engine, so as to create an unreasonable noise.

The officer told me my exhaust is too loud. He did not measure the sound it produces. He just gave me his opinion and wrote the ticket. Now, in NY,USA, are court cases presented with facts or opinions?

1. does anyone know how much this ticket costs? if you enter a guilty plea bargain do they lower the ticket price?

2. if i plead Not Guilty, what are some arguments I can use to win the case. All i can think of is I am innocent until proven guilty. The burden of proof lies with the prosecutor. They have to prove that my exhaust was unreasonabley loud. However the Cop did NOT measure the Decibels of my exhaust. So, how the hell can he prove that I passed the legal noise limit? There is not dB limit and he did NOT measure my mufflers to prove that I passed the legal limit. so what kind of case does the prosecution have? as far as I can tell they have no facts, only the officers OPINION. he has to prove im guilty, but how can he do that if he has no evidence, such as dB measurment from my exhaust. basically in this country does the court need Factual Evidence to convict you or do they just arbitrarily do whatever the hell they want? I do Not have to prove I am innocent, but they have to prove that Im guilty. correct? i am imagining what the prosecutors case would be but since he has no factual evidence i broke the law, i wonder how he can convict me with lack of evidence???? a police officers opinion of what is deemed "loud" is NOT a fact. he thinks its loud someone else does NOT. so how do these Kangaroo Kourts work in this country???? in relation to what i posted, thanks

 

[racer72]

However the Cop did NOT measure the Decibels of my exhaust.

The law you were cited under does not require the measurement of your exhaust noise.

You may just find out that the opinion of the citing officer alone is all the evidence required to convict many folks everyday. His testimony is going to be consider unbiased and truthful. All he has to is articulate why he believes you violated the law. It will be up to you to prove you didn't.

I do Not have to prove I am innocent, but they have to prove that Im guilty. correct? i am imagining what the prosecutors case would be but since he has no factual evidence i broke the law, i wonder how he can convict me with lack of evidence???? a police officers opinion of what is deemed "loud" is NOT a fact. he thinks its loud someone else does NOT. so how do these Kangaroo Kourts work in this country????

This is your opinion. Who do you think a judge will believe?

 

[saleen556]

Take your car to a deq station and have them measure the decibels it puts out. They should also be able to tell you the limit in your county. This is your proof. The cop is always right unless you can prove him wrong without a doubt. Been there . Good luck

 

[asiny]

Hey i got a pink summons ticket to NYC criminal court. the violation is 24-277

24-227 Exhausts.
Except as otherwise provided in this code, no person shall cause or permit discharge into the open air of the exhaust of any device, including but not limited to any steam engine, diesel engine, internal combustion engine or turbine engine, so as to create an unreasonable noise.

I don't think you have a clue what you are talking about. What was the correct violation number?
New York City or what part of the state?

New York City Administrative Code
§ 24-228.1 Exhausts. No person shall cause or permit discharge into
the open air of the exhaust of any device, including but not limited to
any steam engine, diesel engine, internal combustion engine, power
tools, compressors or turbine engine, so as to create an unreasonable
noise. For the purposes of this section unreasonable noise shall
include but shall not be limited to sound that exceeds the prohibited
noise levels set forth in section 24-228.

§ 24-228
(1) Sound, other than impulsive sound, attributable to the source or
sources, that exceeds 85 dB(A) as measured 50 or more feet from the
source or sources at a point outside the property line where the source
or sources are located or as measured 50 or more feet from the source or
sources on a public right-of-way.

§ 24-228.1 Unreasonable noise from engine exhaust.
1st- $560 Penalty, $875 Default
2nd- $1120 Penalty, $1750 Default
3rd- $1680 Penalty, $2625 Default

 

[zanbeak]

the number is 24-277 on my ticket.

YOU have no idea what your talking about.

 

[racer72]

the number is 24-277 on my ticket.

YOU have no idea what your talking about.

There is no 24-277. You quoted 24-227 in your OP. What is it?

 

[asiny]

There is no 24-277. You quoted 24-227 in your OP. What is it?

the number is 24-277 on my ticket.

YOU have no idea what your talking about.

Is this a hand-written ticket, or a printed one?

If the number is 24-277 then your possible response is this;

https://forum.freeadvice.com/speeding-other-moving-violations-13/how-i-defeated-my-citation-victorious-court-234766.html

 

[HighwayMan]

Take your car to a deq station and have them measure the decibels it puts out. They should also be able to tell you the limit in your county. This is your proof. The cop is always right unless you can prove him wrong without a doubt. Been there . Good luck

This is not proof. The statute does not require a particular decibel reading to be considered unreasonable.

Basically, anything louder than a stock exhaust is usually considered unreasonable. Under the state Vehicle and Traffic Law an exhaust modified to "amplify sound" is illegal as well.

 

[HighwayMan]

Is this a hand-written ticket, or a printed one?

If the number is 24-277 then your possible response is this;

https://forum.freeadvice.com/speeding-other-moving-violations-13/how-i-defeated-my-citation-victorious-court-234766.html

Criminal court summonses are never "printed". What difference does it make anyway??

Your referred to post has nothing to do with New York and is meaningless here.

 

[HighwayMan]

OP, you're lucky you have to appear in criminal court - it's fairly easy to plea bargain and if you show proof the issue was corrected the judge may even dismiss the charge.

You should have been issued a Notice of Violation returnable to the Environmental Control Board. No plea bargaining there and the fines are stiff.

 

[asiny]

Criminal court summonses are never "printed". What difference does it make anyway??

Your referred to post has nothing to do with New York and is meaningless here.

The 'written or printed' was in regards to the possibility that the citation number was written incorrectly which is why the OP was posting it incorrectly.

The post to the link was to a similair situation. Albeit a different state but it does not - instantly - dismiss the possibility of the OP bringing up the argument, right?

Although - and I did this in another thread - defer to you when it comes to this world of violations (even in France )

 

[zanbeak]

i looked at the pink paper again and the numbers are Sub 24 and Sec 227.
last number is Definitly a 7.

(a) No person shall operate or permit to
be operated a circulation device in such a manner as to create a sound
level in excess of 42 dB(A) when measured inside a receiving property
dwelling unit. The measurement shall be taken with the window or terrace
door open at a point three feet from the open portion of the window or
terrace door.
(b) On and after the effective date of this section, when a new
circulation device is installed on any building lot or an existing
device on any building lot is replaced, the cumulative sound from all
circulation devices on such building lot owned or controlled by the
owner or person in control of the new device being installed or the
existing device being replaced shall not exceed 45 dB(A), when measured
as specified in subdivision a of this section. For a period of two years
after the effective date of this section, this subdivision shall not
apply to the replacement of a circulation device that was installed on
any building lot prior to the effective date of this section by a device
of comparable capacity.
(c) Except as otherwise provided in subdivision b of this section,
with respect to circulation devices installed on any building lot prior
to the effective date of this section, the sound level limit of 42 dB(A)
referred to in subdivision a of this section shall apply to each
individual device except that if the cumulative sound from all devices
owned or controlled by the same person on a building lot exceeds 50
dB(A), when measured as specified in subdivision a of this section, the
commissioner may order the owner or person in control of such devices to
achieve a 5 dB(A) reduction in such cumulative sound level within not
more than 12 months after the issuance of such order.

so the cop put the wrong Adm code on my paper? i didnt generate noise in a property dwelling unit. i was in a motor vehicle. so did the cop write the wrong code for the law i broke.

 

[racer72]

i looked at the pink paper again and the numbers are Sub 24 and Sec 227.
last number is Definitly a 7.

(a) No person shall operate or permit to
be operated a circulation device in such a manner as to create a sound
level in excess of 42 dB(A) when measured inside a receiving property
dwelling unit. The measurement shall be taken with the window or terrace
door open at a point three feet from the open portion of the window or
terrace door.
(b) On and after the effective date of this section, when a new
circulation device is installed on any building lot or an existing
device on any building lot is replaced, the cumulative sound from all
circulation devices on such building lot owned or controlled by the
owner or person in control of the new device being installed or the
existing device being replaced shall not exceed 45 dB(A), when measured
as specified in subdivision a of this section. For a period of two years
after the effective date of this section, this subdivision shall not
apply to the replacement of a circulation device that was installed on
any building lot prior to the effective date of this section by a device
of comparable capacity.
(c) Except as otherwise provided in subdivision b of this section,
with respect to circulation devices installed on any building lot prior
to the effective date of this section, the sound level limit of 42 dB(A)
referred to in subdivision a of this section shall apply to each
individual device except that if the cumulative sound from all devices
owned or controlled by the same person on a building lot exceeds 50
dB(A), when measured as specified in subdivision a of this section, the
commissioner may order the owner or person in control of such devices to
achieve a 5 dB(A) reduction in such cumulative sound level within not
more than 12 months after the issuance of such order.

so the cop put the wrong Adm code on my paper? i didnt generate noise in a property dwelling unit. i was in a motor vehicle. so did the cop write the wrong code for the law i broke.

You quoted the correct law in your first post, the above is not correct. A possible out for you is to claim you were cited under the wrong portion of the New York City code. 24-227 does not specify noise requirements for motor vehicles, you should have been cited for violating 24-232 which does cover exhaust noise requirements and the measurement of such for motor vehicles.

 

[saleen556]

This is not proof. The statute does not require a particular decibel reading to be considered unreasonable.

Basically, anything louder than a stock exhaust is usually considered unreasonable. Under the state Vehicle and Traffic Law an exhaust modified to "amplify sound" is illegal as well.

That's ridiculous. There needs to be a measurement. The law shouldn't allow a human ear to decide what is too loud. There are to many variables. As some have said one persons opinion will differ from another.

A state deq station should be legit in measuring exhaust sounds. Way more accurate that a human ear.

 

[You Are Guilty]

That's ridiculous. There needs to be a measurement. The law shouldn't allow a human ear to decide what is too loud. There are to many variables. As some have said one persons opinion will differ from another.

A state deq station should be legit in measuring exhaust sounds. Way more accurate that a human ear.

Wild guess here, but do you have an aftermarket exhaust?

In any event, never hurts to plead not guilty. Especially if you are not.