As you know, QWR supports responsible rules and
regulations that address excessively loud on and off-road motorcycles. Recently QWR became aware of a poorly
crafted ordinance being considered for adoption by Calaveras County in the
Central Sierra. As written, it would
criminalize basically all sound emitting activities within the county including
the operation of sound compliant OHVs, using a riding lawnmower, or starting up
your stock Ford F-250 diesel pickup.
Here is an article on the issue
The Calaveras County Board of Supervisors was supposed to
vote (Sept. 11) on it (many expected it to pass), but thanks to many letters from
concerned citizens and businesses, that vote was postponed until September 25,
2012. QWR will be checking in with the
supervisors regarding this issue.
QWR letter is below:
September 9, 2012
Board of Supervisors
Calaveras County
891 Mountain Ranch Road
San Andreas, CA 95249-9709
Re: Proposed Noise Ordinance
Dear Board Members:
As a sound testing professional who promotes management
of responsible motorized recreation on public and private lands, I urge you to
postpone adoption of the proposed noise ordinance at your September 11, 2012
meeting. Adoption of the proposal with
the inclusion of Section 9 02 030 would make criminals out of a parent calling their
children in from the yard for lunch, a
resident starting up their stock 2005 Ford F-250 Diesel pickup, and a person
operating their riding lawnmower or
using their gas-powered modern weed whacker.
Here are the sound readings from the aforementioned sound sources that
would be impacted by the plan.
The readings were taken using a calibrated Quest Type-1
law enforcement grade sound meter. The SAE J-1287 “20-inch” sound test for OHVs
was used as the test procedure. The
tests were taken 20-inches respectively from the mouth of a male parent calling
kids in for lunch, the left front bumper of a stock Ford F-250 Diesel, the
exhaust tip of a 2010 Craftsman 17.5hp riding lawnmower, and the exhaust tip of
a Troy Bilt Model TB21EC weed whacker.
RESULTS
·
Male parent – 88.7dBA
·
2005 Ford F-250 - 700 rpm – 77.3 dBA and 2,000 rpm – 83.4dBA
·
Troy weed whacker – 5,000 rpm – 89.2 dBA and
7,000 rpm – 92.5 dBA
·
Craftsman lawnmower – 2,000 rpm – 78.7 dBA and
3,300 rpm 90.5 dBA
According to the proposal as I read it, all of the
aforementioned activities would exceed the sound limits of the proposed
ordinance.
As you know, local municipalities often adopt either a
decibel-based or a disturbance/nuisance-based sound or noise ordinance or a
hybrid that uses portions of both concepts. If not properly crafted, local sound laws can
end up being functionally unenforceable and/or face constitutional challenges.
At this point, QWR urges the county to postpone a vote on
the plan until the unintended consequences of the proposal on residents within
its sphere of influence are more completely analyzed.
Respectfully submitted,
Don
Don Amador, President
Quiet Warrior Racing/Consulting
555 Honey Lane
Oakley, CA 94561
Office: 925.625.5309
Certified Sound Technical Inspector – J1287 Level 2 - #
12100635
Quiet Warrior Racing promotes a responsible trail and road ethic for
both non-street legal and street legal motorized vehicles by offering quality
recreation-oriented consulting services to its clients for the benefit of their
customers, stakeholders, and the public good.
