[bouldercouncilhotline] Hotline: State Legislative Agenda - Reducing Motorcycle Noise Statewide

[cmosupport at bouldercolorado.gov]

Sender: Castillo, Carl

Good Afternoon Macon,

Unfortunately council did not have the opportunity last night to discuss the issue you raised regarding muffler noise. I nevertheless wanted to respond to your Hotline so that you and your colleagues are aware of staff's take on this matter.

According to Terry Steinborn, the city's Environmental Enforcement Officer, new state legislation related to EPA certification of mufflers could be redundant, difficult to enforce, and potentially expensive to the consumer. The city already has both the requirement of adequate muffling (Section 7-3-4) as well as the "can't be less than 80 dBA at 25 feet" (Section 5-9-4) on the books which is arguably simpler, clearer, and more enforceable. These ordinances are pasted below.

Nevertheless, if council is interested in supporting a change to state legislation on this matter, it should certainly be discussed during the November 1st consideration of the agenda or at any other appropriate council meeting.

I hope this is helpful. Please let me know if you would like to discuss further.

Carl Castillo
Policy Advisor
City Manager's Office
City of Boulder
direct: (303)441-3009
cell: (303)859-4504
www.bouldercolorado.gov/policyadvisor

Section 7-3-4 Adequate Muffling of Noise Required.

(a) Every motor vehicle or moped driven upon a street and propelled by a combustion engine shall be equipped with a muffler and exhaust system in constant operation and properly maintained to prevent any noise:

(1) In excess of that emitted by the exhaust system of such vehicle as originally installed by the manufacturer of such vehicle; or

(2) That is excessive or unusual.

(b) No motor vehicle or moped driven on a street shall be equipped with any muffler cut off or bypass.

(c) No motor vehicle or moped driven on a street shall emit sound in excess of that allowed in chapter 5-9, "Noise," B.R.C. 1981.

(d) No person shall own and no person shall drive any motor vehicle or moped that is in violation of any of the provisions of this section.


5-9-4 Exceeding Decibel Sound Levels From a Motor Vehicle Prohibited.

(a) Sound from a motor vehicle located within the public right of way shall not exceed eighty decibels on the "A" weighting scale (dBA), except that sound from a vehicle with a manufacturer's gross weight rating of ten thousand pounds and above may exceed eighty dBA but shall not exceed eighty-eight dBA. Such sound shall be measured at a distance of at least twenty-five feet from a vehicle located within the public right of way.

(b) Such sound measurements shall be made on a sound level meter that meets the requirements of subsection 5-9-3(c), B.R.C. 1981.

(c) It shall be an affirmative defense to a charge of violating this section that:

(1) The sound was made by an authorized emergency vehicle when responding to an emergency or as otherwise authorized by law or acting in time of emergency or by an emergency warning device operated by a government;

(2) The sound was made by the sounding of the horn of any vehicle as a danger warning signal or by the sounding of any warning device as required by law;

(3) The sound was made within the terms and conditions of a sound level variance granted by the city manager;

(4) The sound was made by an alarm system installed in a motor vehicle, if the car alarm shuts off automatically after no longer than five minutes; or

(5) The sound was made by snow removal equipment equipped with a standard muffling system in good repair while removing snow.

(d) The maximum penalty for a first or second conviction within two years, based on date of violation of this section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of section 5-2-4, "General Penalties," B.R.C. 1981, shall apply.


Ordinance No. 7831 (2012)