Thursday, August 17, 2017

Somehow I don't think this is going to prevent a ticket


Royal Oak, MI – The Royal Oak City Commission unanimously voted to make it a civil infraction to have music or noise coming from vehicles that can be heard 50 feet away. The penalty for exceeding the noise limit is a $100 ticket.

Royal Oak is a hotspot for motorcyclists and people with souped-up rides, particularly in the summertime as Woodward Avenue is lined with people out car-watching and Downtown is filled with visitors.

http://oaklandcounty115.com/2016/07/11/royal-oak-to-regulate-music-and-muffler-noise-with-100-tickets/


The City of Royal Oak, which is centrally located during the Dream Cruise, received complaints from these residents. They also heard complaints of the motorcycles that frequent downtown Royal Oak on Wednesday and Thursday evenings.

In response to the complaints, in July of 2016 the city council passed a loud vehicles ordinance, under their disorderly conduct statute (Sec. 278-35(q), that states that any unreasonable noise that is plainly audible at a distance of 50 feet that disturbs the peace and quit of other persons is subject to a civil infraction and a fine. If, in the officer’s opinion, the noise causes “public danger, alarm, disorder or nuisance” the penalty is a misdemeanor and a fine up to $300.

This ordinance is plain violation of the state law that states a vehicle shall not be operated on a highway with a speed limit greater than 35 miles per hour if the total noise exceeds 82 DBA at a distance of 50 feet.

State law also plainly states that any city ordinance that is not identical to the state statute is unenforceable (MCL 257.707e(2).

http://michigancriminalattorney.com/royal-oaks-unlawful-vehicle-noise-ordinance-update/
http://www.wxyz.com/news/vote-now-should-royal-oak-crack-down-on-loud-cars-by-issuing-tickets
http://www.detroitnews.com/story/business/autos/woodward-dream-cruise/2016/08/17/royal-oak-wants-turn-volume/88877718/

City attorney Mark Liss said the new ordinance was modeled after one in Farmington.

“We have always had an excessive noise ordinance, but it was a misdemeanor punishable by a $500 fine and required proof that someone was exceeding decibels of acceptable noise,” Liss said. “The police department only had one piece of equipment to use to obtain those findings.

“This is an easier one to prosecute because it is just a civil infraction and only requires writing a ticket.”

http://www.detroitnews.com/story/business/autos/woodward-dream-cruise/2016/08/17/royal-oak-wants-turn-volume/88877718/

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