Dear Petition Supporters:

Thanks for keeping this cause in circulation. We are starting to gain attention, but we all know that this issue is FAR from resolved.

Over the past year, I’ve been part of a working group to try to address the reckless driving and unbearable noise that we experience on an almost daily basis in our area. The group includes area residents, business owners, APD, DPS, TxDOT, City legal staff, and other elected officials, CM Duchen, in particular. 

We need you!

Why?  There is an important ordinance update under consideration that may aid law enforcement as part of a longer term solution to this ongoing safety and noise concern. If City Council eventually passes this ordinance, noise violations would be enforceable as Class C misdemeanors with fines, giving law enforcement clearer authority to act. (PROPOSED DRAFT COPIED BELOW)

Starting at 2 pm on Monday, Feb. 2 at City Hall, the City’s Public Safety Committee will hear a proposed update to the current noise ordinance. This proposal MUST PASS through the Public Safety Committee BEFORE it can go to City Council for adoption, so what happens at this hearing truly matters

We need substantial turnout to demonstrate community concern.

If you’ve been woken up by loud engine noises,  are concerned for your safety, are ready to move, or just generally feel  your quality of life slipping away, please consider coming to speak! You can also testify by telephone. We will  be showing a short video clip to illustrate our real life experiences. (photo courtesy of a petition signer) Feel free to share your own! (Scroll down for instructions on how to register to speak).

If you’d rather not speak, showing up is still important to show community engagement and support for this issue!  I hope to see you on FEB 2!!

DRAFT ORDINANCE

AN ORDINANCE AMENDING CHAPTER 12-1 (TRAFFIC REGULATION AND ADMINISTRATION) OF THE CITY CODE TO ADD A NEW SECTION RELATING TO VEHICLE ENGINE NOISE AND CREATING AN OFFENSE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
PART 1.  Chapter 12-1 (Traffic Regulation and Administration) of the City Code is amended to add a new section 12-1-36 to read:

§ 12-1-36    VEHICLE ENGINE NOISE. 

     (A)  A person may not make, or cause to be made, any loud or disturbing noise or vibration that is offensive to a person of ordinary sensibilities from the discharge into the open air of the exhaust from any motor vehicle, except through a muffler or other device that will effectively and efficiently prevent loud or disturbing noise or vibration.

     (B)  A loud or disturbing vehicle engine noise vibration in violation of this section may be caused by missing or faulty equipment, a vehicle in disrepair, or any one or more the following:

                                   (1)  excessive acceleration or deceleration while in motion when there is no emergency need;

                                   (2)  rapid acceleration by means of quick up shifting of transmission gears with either a clutch, manual transmission, or automatic transmission;

                                   (3)  rapid deceleration by means of quick down shifting of transmission gears with either a clutch, manual transmission, or automatic transmission;

                                   (4)  racing or revving of the engine by manipulation of the accelerator, gas pedal, or carburetor in applying fuel to the engine in a greater amount than is necessary whether the vehicle is either in motion or standing still; or

                                   (5)  operation of the vehicle by intentionally applying unnecessarily excessive acceleration from a stationary position, or unnecessary, deliberate, or intentional bursts of acceleration while moving in a non-emergency situation.

     (C)  A vehicle engine noise or vibration is presumed to be loud or disturbing and offensive to a person of ordinary sensibilities in violation of this section if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a peace officer that the noise is a public nuisance.

     (D)  In the enforcement of this section, a peace officer may be required to exercise judgment in determining if a particular noise or vibration violates this section.  When making such a determination, the officer shall consider the following factors:

                                   (1)  the intensity (sound pressure) of the noise or vibration;

                                   (2)  whether the nature of the noise or vibration is usual or unusual;

                                   (3)  the volume and intensity of the background noise or vibration, if any;

                                   (4)  the proximity of the noise or vibration to residences;

                                   (5)  the time of day when the noise or vibration occurs;

                                   (6)  the duration of the noise or vibration; and

                                   (7)   whether the noise or vibration is recurrent, intermittent, or consistent.

IMPORTANT INFORMATION- Speaking at a Committee Meeting

Speakers may sign up to speak at a committee meeting in-person or remotely. Speakers may only

register to speak on action items, or items on which the committee will vote or make

recommendations).  Registration will begin two days prior to the committee meeting (or 48

hours). Please see the information below for instructions on registering to speak.

Speakers may also speak in the public communication portion of the agenda. However, registration for

this section can only be done in person. This section has a limited number of spots available and is first

come, first serve. Use the in-person speaker instructions below to register.

In-Person speakers:

To speak in person, or register in person, go to the Austin City Hall lobby, and find a kiosk. The kiosks will

present the option to sign up for any committee that is in its 48-hour signup window. Sign up will close

45 minutes before the start of the meeting.

Remote Speakers:

To speak remotely, contact committee liaison Danielle Love at Danielle.love@austintexas.gov. Remote

signup will be open 48 hours before the committee meeting and will close at 12pm the day before the

committee meeting.

Once you have contacted the committee’s Liaison, they will register you to speak. Please provide them

with the phone number you will call from as this is the only way for our team to differentiate between

remote speakers. Additionally, inform them of the item on which you would like to speak, and whether

you are against, neutral, or for the item.

The Liaison will provide you with the meeting phone number, the event number, and the password.

Fifteen minutes prior to the start of the meeting, please call the number and input the event number

and password. When it is your turn to speak, the Liaison will include your phone number in the meeting

and inform you that you may begin speaking.