Noise Muffler Modification

[Johnmelissa]

CA

Carl, how do I effect the issuance of a citation to the next door neighbor for modification of a muffler and excessive vehicular noise, per the CVC, as measured by a decibel meter. The noise and vibration of my house go around the clock.

 

[justalayman]

by calling the police.


If this is on his property, why do you believe the CVC would be applicable?

 

[Johnmelissa]

If I referenced the CVC, why do you presume it's on private property?

 

[justalayman]

Did I say it was on his property? I asked a question because you have not given much in the line of facts and information.

So, what is the situation?

 

[Zigner]

Why did you post another thread on the same subject-matter??? https://forum.freeadvice.com/other-crimes-federal-state-4/california-vehicle-code-519259.html

 

[Johnmelissa]

The next door neighbor modified the muffler on his vehicle to make it louder. The CVC declares this illegal. Another vehicle was modified last week. There are now 3 pick-ups with modified mufflers that transit from the property next door to CA streets and highways. The neighbor on the other side stomped up to my house to tell me how much of a disturbance and nuisance it is to him. The neighbor, a sworn police officer, has modified, to deliberately make them louder, 3 pick-ups that are operated on public roads in CA. This is perceived as disturbances and nuisances by the neighbors on each side. How does a citizen get the law enforced in CA when the local Sheriff won't and refuses to cite, presumably, because a fellow officer is involved? At a minimum, the authorities have 2 witnessess and the vehicles won't pass inspection.

 

[Dave1952]

Here's an interesting web-site.

Exhaust Noise and the Law California USA

Good luck

 

[CdwJava]

CA

Carl, how do I effect the issuance of a citation to the next door neighbor for modification of a muffler and excessive vehicular noise, per the CVC, as measured by a decibel meter. The noise and vibration of my house go around the clock.

You notify the local police. However, officers generally do not have decibel meters so the police may only be able to write a citation for disturbing the peace per PC 415 *IF* you sign a citizen's arrest and it can be shown that they continue to make the noise even after being advised of the disturbance. If they know what they are looking at, they may be able to write for an appropriate CVC section, but that's rare and likely only if they see/hear the offense when they arrive.

If the officers see the vehicles with modified exhaust on the road, they might be able to cite for it if they know what they are looking at. If this is the sheriff's office, then they typically do not deal with vehicle equipment so might not even know what section to look up. The local police might know the section, but unless he or she has some experience with exhaust systems they may not be able to cite because they would not be able to cite the proper code section.

You can also sue the neighbor for the noise should it be your only remaining option.

I would say that less than half of officers know how to correctly interpret and act upon the appropriate muffler and exhaust sections.

 

[Johnmelissa]

OK. Thanks. I remember I asked before and you answered similarly. The neighbor just modified his second truck himself, in the side yard so this is a sort of update. He's got three now and the other neighbor complained to me. The CVC clearly states that it is illegal to modify the exhaust system to make the vehicle louder and the CVC provides the decibel limits. For example, it's about 80 max on a truck in a 35 MPH or less zone. The trucks here measure about 100 on the decibel meter. If you were stopped next to a car with open headers, would you cite the driver? I think you said it once, that law enforcement is political. I guess we can read the law and have no expectation that it will be enforced, necessarily, without political support; and it may be that all agree the law is bad and expect it to be changed in the near future. It's surprising that officers would write numerous forms of moving vehicle violation citations but know very little about the vehicles, noise, disturbances, nuisances and various appropriateness such as loud cars on freeways compared to loud cars in quiet neighborhoods. But, as they say, "you can't fight city hall."

If an officer were suspicious, he could cite for inspection, right? Isn't that a "fix it" ticket?

Thanks.

 

[CdwJava]

Most officers are far more familiar with speed violations than equipment modifications concerning exhaust or emissions control systems. There are a number of sections that might apply, so if I came across one that I believed to be a modified exhaust I might be able to cite one section, but I could never cite for the decibel section as I do not carry a decibel meter (and I have only ever known one officer that has).

Yes, enforcement is political. But a lack of enforcement may have less to do with anyone caring that he is an officer in some other jurisdiction and more about the officers not knowing if there IS a violation. In my department probably only half of us are comfortable with exhaust or emissions citations.

And to cite the driver to a referee you have to have some every specific knowledge. The officer cannot just guess at it. Even though my entire department went through this training two years ago, probably only half of us feel comfortable doing it.

About all that comes to mind is continuing reports of noise complaints and, perhaps, video with audio along with the decibel meter on camera. That way, even if no disturbance complaints get filed, you may be able to make a civil suit some day.

 

[Johnmelissa]

OK. Thanks. I remember this is old but the new stuff is the neighbor on the other side now complaining to me and the pick-up with the noisy muffler that was added last week. There's a new nuisance monthly. But I felt vindicated and amused when the other neighbor came down to my house in a huff three times to tell me my neighbor "is crazy." It was gratifying to see the truth spring forth spontaneously after years of trying to have law enforced against the nuisance neighbor/sworn officer.

Thanks again.