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HomeMy WebLinkAboutCitizens for a Quieter Northfield .citizeD$ for a Quieter Northfield:" Helping to reduce noise pollution in Northfield, Minnesota Title: Citizens for a Quieter Northfield. Helping to reduce noise pollution in Northfield, Minnesota. Page I of7 Citizens for a Quieter Northfield Helping to create a civil and enjoyable environment in Northfield, Minnesota, by reducing noise pollution. Page last updated: 2006/10/14 @ 14:03:16 noise noun: la. Sound or a sound that is loud, unpleasant, unexpected, or undesired. [2] Table of Contents . About Citizens for a Quieter Northfield o Core Values o Our Founders . Why Citizens for a Quieter Northfield? . Resources o Relevant Northfield Ordinances o Relevant Minnesota Noise Rules/Statutes o Facts o Documents o Links to Other Sites . Subscribe to the Mailing List About Citizens for a Quieter N orthfield Citizens for a Quieter Northfield is a grassroots organization comprised of local citizens dedicated to reducing noise pollution and raising awareness about the negative health effects of noise pollution in the City of North field, Minnesota. Citizens for a Quieter Northfield promotes the right to quiet, and hosts a "virtual open table" where concerned Northfield residents can discuss noise issues, and provide a wide variety of information and resources about reducing noise pollution. Our ultimate goal is to enlighten the Northfield City Council by fostering and delivering ideas and plans, so that the City ofNorthfield may adopt new laws, in addition to improved enforcement of existing laws. Core ValDes: . To work for reduction of noise through better regulation and enforcement . To raise awareness in Northfield regarding noise pollution . To work toward the reduction of extraneous noise by encouraging responsible behavior . To foster recognition of the Right to Quiet as a basic human right . To educate our government officials and legislators of the problems posed to public health by excessive and uncontrolled noise sources http://quietnorthfield.org/ 2/4/2007 .Citize~ for a Quieter Northfield - Helping to reduce noise pollution in Northfield, Minnesota Oor Foonders: Page 2 of7 As it turns out, a few folks had launched similar campaigns around the exact same time. We have joined forces, and combined efforts in order to forge Citizens for a Quieter Northfield. The organization is comprised of three key people; . Robert and Barbara Bonner o Barbara and Robert are the fme folks who organized and facilitated our first public meeting. Barbara and Robert founded the organization. . Chip Cuccio o Chip initially setup the website and mailing list, and is the webmaster of Quietnorthfield.org. Along with Robert and Barbara, Chip is one of the organization's co-founders. Up to Contents ^ Why Citizens for a Quieter N orthfield? Some may not notice the noise pollution in Northfield. Or it simply may not be a nuisance to others. The fact of the matter is, many do notice it, and many are distressed by noise pollution. The mission of Citizens for a Quieter Northfield is simple: To create a civil and enjoyable environment for Northfield residents by reducing the pollutants caused by unnecessary noise. The issue is, that Northfield Minnesota does indeed, have noise pollution problems. Citizens for a Quieter Northfield would like to help rectify these noise problems by placing our core values into action. It is obvious that noise cannot be completely eliminated. It's a part of life. The trains we are forced to hear are delivering goods - the lawn mowers we are subjected to keep the area beautiful - the planes we hear so loudly allow us to visit distant relatives and perform distant business functions. But there are sources of noise which do not offer anyone, any value nor enjoyment. These are the types of noise sources that need to be addressed. As cited from the Noise Pollution Clearinghouse: The air into which second-hand noise is emitted and on which it travels is a "commons, " a public good. It belongs to no one person or group, but to everyone. Polluting the commons is not a right. Our effort to reduce noise pollution is similar to other efforts to reduce pollution and reassert our collective stewardship over the commons. Whether the issue is second-hand smoke, elevated mercury levels, or ground level ozone, the strategy is to protect the environment and our health and well-being by creating an ethic of the commons. People, businesses, and organizations, therefore, do not have unlimited rights to broadcast noise as they please, as if the effects of noise were limited only to their private property. On the contrary, they have an obligation to use the commons in ways that are compatible with or do not detract from other uses. We have organized to raise awareness of noise pollution and help Northfield take the commons back from polluters. Up to Contents ^ http://quietnorthfield.org/ 2/4/2007 CitizellS for a Quieter Northfield - Helping to reduce noise pollution in Northfield, Minnesota Resources Page 3 of7 Forthcoming are a few resources that you may fmd valuable, educational, and quite enlightening; Relevant Northfield Ordinances: Sec. 50-87. Noisy parties or assemblies. a. Any person who participates in any party or assembly of two or more people from which noise emanates of a sufficient volume or of sufficient nature to disturb the peace, quiet or repose of another person is guilty of a misdemeanor. Any owner or tenant of the place at which a disturbance is occurring, who has knowledge of the disturbance and fails to immediately abate the disturbance, is guilty of a misdemeanor. b. A police officer may order all persons present at a noisy party or assembly prohibited in subsection (a) of this section, other than the owners or tenants of the place at which the disturbance is occurring, to immediately disburse. Any person who shall refuse to leave after being so ordered to do so by a police officer shall be guilty of a misdemeanor. (Code 1986, SS 970:00,970:05) Sec. 34-1027. Noise. a. It shall be unlawful to make, continue or cause to be made or continued any noise in excess of the noise levels set forth in this section unless such noise is reasonably necessary to the preservation of life, health, safety or property. b. Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property line of any property or if a condominium or apartment house within any adjoining apartment by more than six decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned shall be deemed to be a violation of the section, but any enumeration in this subsection shall not be deemed to be exclusive: TABLE INSET: 6:00 p.m.-l0:00 p.m. 7:00 a.m.-6:00 6:00 p.m.-7:00 a.m. 10:00 p.m.-7:00 a.m. (residential districts) and p.m. (all districts) (all other districts) (residential districts) Duration of Sound Less than 10 minutes 75 db 70 db 60 db Between 10 minutes and 2 hours 70 db 60 db 50 db In excess of 2 hours 60 db 50 db 40 db c. In determining whether a particular sound exceeds the maximum permissible sound level in the table in subsection (b) of this section: 1. Sounds in excess of the residential district limitations as measured in a residential district are violative of this section whether the sound originates in a residential district or any other district. 2. During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in column III of the table. d. Sounds emanating from the operation of (i) motor vehicles on a public highway; (i) aircraft; (iii) outdoor implements such as power lawn mowers, snow blowers, power hedge clippers, and power saws; and (iv) pile drivers or jackhammers and other construction equipment are exempt from this section. Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic http://quietnorthfield.org/ 2/4/2007 .citizens for a Quieter Northfield - Helping to reduce noise pollution in Northfield, Minnesota contests take place are exempt from this section. Page 4 of7 (Ord No. 787, 6-2-2003) Note: Formerly ~ 34-1019. Sec. 22-1. Declaration of city environmental policy. a. The city council, recognizing the impact of human activity on all components of the natural environment, particularly the profound influences of population growth, urbanization, industrial expansion and resource utilization, and recognizing further the importance of maintaining and improving the city's environmental quality for the overall welfare of the citizens of the city, does declare that it is the continuing policy of the city government, in cooperation with state, county and township governments and with concerned public and private organizations, to use all practicable means and measures to create and maintain conditions under which people and nature can exist in productive harmony. b. The city recognizes that each person has a right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. c. In order to carry out the policy set forth in this section, it is the continuing responsibility of the city government to use all practicable means, consistent with other essential city policies, to improve and coordinate city plans, functions, programs, and resources in order that the city shall: I. Encourage the use and stimulation of natural biological, chemical, and geological systems to achieve human ends. 2. Encourage the protection and maintenance of natural habitats and scenic areas. 3. Minimize wetland drainage and filling and stream channelization. 4. Acquire adequate neighborhood and community parkland acreage, satisfying a variety of passive and active recreational needs. 5. Practice energy conservation and promote the use of energy efficient systems and designs. 6. Provide for the convenience of pedestrian, bicycle, and other nonmotorized travel. 7. Minimize the use of chemicals and other substances which have potentially hazardous environmental effects. 8. Minimize production of environmentally deleterious gaseous liquid and solid wastes. 9. Encourage recycling of discarded materials, and purchase recycled goods when available and when prices are not substantially higher than those of virgin goods of similar quality. 10. Control soil erosion during any land disturbing activity, including but not limited to tilling, clearing, grading, excavation, transporting and filling of land. 11. Minimize the permanent covering of soil with impervious substances. 12. Control and direct those activities that would subject the citizens of the city to unacceptable noise levels, litter or water or air pollutants. 13. Discourage visual pollution. 14. Control shore land development and construction in floodplains. 15. Protect the quality and quantity of groundwaters and surface waters. 16. Plan for orderly growth for the benefit of the citizenry. (Code 1986, S 245:00) Relevant Minnesota Noise Statutes: (All citedfrom the Minnesota Pollution Control Agency; Minnesota Rules Chapter 7030 and Minnesota Statutes of TRAFFIC REGULATIONS. Chapter 169) 169.693 Motor vehicle noise limits. http://quietnorthfield.org/ 2/4/2007 .citizens for a Quieter Northfield - Helping to reduce noise pollution in Northfield, Minnesota Page 5 of 7 It is unlawful to operate a motor vehicle in violation of motor vehicle noise rules adopted by the Pollution Control Agency. Section 1010 PROHIBITIONS. Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 3. Modification of vehicle. No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified. Subp. 4. Sale of parts. No person shall sell or offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle incorporating such parts. 7030.1030 EXCEPTIONS. Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein when performing acceleration maneuvers for safety purposes. 7030.1040 NOISE LIMIT FOR VEmCLES OVER 10.000 POUNDS. Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle. A. Speed limits greater than 35 mph. B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA. C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January I, 1978. For stationary run-up tests on all-paved surfaces, add 2dBA. D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January I, 1982. For stationary run-up tests on all-paved surfaces, add 2dBA. 7030.1050 MOTOR VEmCLE NOISE LIMITS FOR MOTORCYCLES. A. F or vehicles manufactured before January I, 1975. http://quietnorthfield.org/ 2/4/2007 CitizeIl6 for a Quieter Northfield - Helping to reduce noise pollution in Northfield, Minnesota Page 60f7 B. Speed limits greater than 35 mph for vehicles manufactured on or after January I, 1975 C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January I, 1975 7030.1060 NOISE LIMITS FOR OTHER VEHICLES. Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle. Facts: . The word "noise" is derived from the Latin word "nausea," meaning seasickness. Noise is among the most pervasive pollutants today. . Noise negatively affects human health and well-being. Problems related to noise include hearing loss, stress, high blood pressure, sleep loss, distraction and lost productivity, and a general reduction in the quality of life and opportunities for tranquility. . In the last 15 years, noise levels have risen six-fold in major US cities. The Census Bureau reports that noise is Americans' top complaint about their neighborhoods, and the major reason for wanting to move. Docoments: . A Guide to Noise Control in Minnesota D Links to Other Sites: . Minnesota Pollution Control Agency (MPCA): o <http://www.pca.state.mn.us/programs/noise.html> . American Motorcyclist Association's Position on Excessive Motorcycle Noise: o <http://www.amadirectlink.com/legisltn/positions/noise.asp> . "Loud pipes risk rights" (by Ed Youngblood): o <http://www .ama-cycle.orglmagazine/1999/story I fe.html> . Lower the Boom! o <http://www.lowertheboom.org> . Noise Pollution Clearinghouse: o <http://www.nonoise.org> . Noise Free America: o <http://www.noisefree.org> . NoiseLaw.org: o <http://www.noiselaw.org> . NoiseOFF: The Citizens Coalition Against Noise Pollution: o <http://www.noiseoff.com> NOTE: Please consider joining the NoiseOFF Yahoo! Group Up to Contents ^ Subscribe to the Citizens for a Quieter N orthfield Mailing List Subscribe to the QuietNorthfield.org mailing list: E-Mail Address: http://quietnorthfield.org/ 2/4/2007 Citizens for a Quieter Northfield - Helping to reduce noise pollution in Northfield, Minnesota Page 7 of7 Subscribe [ List archives and subscription options] Up to Contents ^ Footnotes: 1. About the picture in the banner: The picture displayed in the top banner is a bridge crossing the Cannon River, located within the Cannon River Wilderness Area. The image is Copyrighted ~ 2004 by Chip Cuccio. 2. As defined by the American Heritage Dictionary @ of the English Language; Fourth Edition. [ Back to Top ^ ] http://quietnorthfield.org/ 2/4/2007 169.69, Minnesota Statutes 2006 Page I of I . .~ ~GIiGe,"*"""".--'" House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 169 Table of Contents Legislature Home I Links to the World I Help I Advanced Search 169.69, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.69 MUFFLER. Every motor vehicle shall at all times be equipped with a muftler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle. No person shall have for sale, sell or offer for sale or use on any motor vehicle any muffler that fails to comply with the specifications as required by the commissioner of public safety. History: (2720-258) 1937 c 464 s J08; 1939 c 430 s 20; 1953 c 306 s 1; 1971 c 491 s 25 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http://www.revisor.leg.state.mn.us/binlgetpub.php?pubtype=STAT_CHAP _ SEC&year=2006&section=16... 2/4/2007 169.69, Minnesota Statutes 2006 Page I of I . ~Gta ~OIIGeef_"""ef.__ House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 169 Table of Contents Legislature Home I Links to the World I Help I Advanced Search 169.69, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.69 MUFFLER. Every motor vehicle shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle. No person shall have for sale, sell or offer for sale or use on any motor vehicle any muffler that fails to comply with the specifications as required by the commissioner of public safety. History: (2720-258) 1937 c 464 s 108; 1939 c 430 s 20; 1953 c 306 s 1; 1971 c 491 s 25 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. Gen~ral gy~stions or comm~l'lts_. http://www.revisor.1eg.state.mn.us/bin/getpub.php?pubtype=ST A T _CHAP _ SEC&year=2006&section=16... 2/4/2007 169.69, Minnesota Statutes 2006 Page I of I t. ..... .. ~~'*.......... House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 169 Table of Contents Legislature Home I Links to the World I Help I Advanced Search 169.69, Minnesota Statutes 2006 Copyright@2006 by the Office of Revisor of Statutes, State of Minnesota. 169.69 MUFFLER. Every motor vehicle shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle. No person shall have for sale, sell or offer for sale or use on any motor vehicle any muffler that fails to comply with the specifications as required by the commissioner of public safety. History: (2720-258) 1937 c 464 s 108; 1939 c 430 s 20; 1953 c 306 s 1; 1971 c 491 s 25 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP _ SEC&year=2006&section=16... 2/4/2007 169.69, Minnesota Statutes 2006 Page I of I .~eta ~,.,........,.... House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 169 Table of Contents Legislature Home I Links to the World I Help I Advanced Search 169.69, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.69 MUFFLER. Every motor vehicle shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle. No person shall have for sale, sell or offer for sale or use on any motor vehicle any muffler that fails to comply with the specifications as required by the commissioner of public safety. History: (2720-258) 1937 c 464 s 108; 1939 c 430 s 20; 1953 c 306 s 1; 1971 c 491 s 25 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http://www.revisor.1eg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP _ SEC&year=2006&section=16... 2/4/2007 169.693, Minnesota Statutes 2006 Page I of I .. '....... ~-.*.......-- House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 169 Table of Contents Legislature Home I Links to the World I Help I Advanced Search 169.693, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.693 MOTOR VEIDCLE NOISE LIMITS. It is unlawful to operate a motor vehicle in violation of motor vehicle noise rules adopted by the Pollution Control Agency. History: 1974 c 500 s 1; 1985 c 248 s 70 Please direct all comments concerning issues or legislation to your HOJ.l$e MembeJ or Stc1teSenatQr. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=169 .693&year=2006 2/4/2007 169.974, Minnesota Statutes 2006 r .~ .. .~. ~"(J/."""._. House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 169 Table of Contents Page I of3 Legislature Home I Links to the World I Help I Advanced Search 169.974, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.974 MOTORCYCLE, MOTOR SCOOTER, MOTOR BIKE. Subdivision I. Def'mition. Motorcycles as used herein shall mean the vehicles defined in section 169.01, subdivision 4. Subd. 2. License endorsement and permit requirements. (a) No person shall operate a motorcycle on any street or highway without having a valid standard driver's license with a two-wheeled vehicle endorsement as provided by law. The commissioner of public safety shall issue a two-wheeled vehicle endorsement only if the applicant (1) has in possession a valid two-wheeled vehicle instruction permit as provided in paragraph (b), (2) has passed a written examination and road test administered by the Department of Public Safety for the endorsement, and (3) in the case of applicants under 18 years of age, presents a certificate or other evidence of having successfully completed an approved two-wheeled vehicle driver's safety course in this or another state, in accordance with rules adopted by the commissioner of public safety for courses offered by a public, private, or commercial school or institute. The commissioner of public safety may waive the road test for any applicant on determining that the applicant possesses a valid license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable road test for license issuance. (b) The commissioner of public safety shall issue a two-wheeled vehicle instruction permit to any person over 16 years of age who (I) is in possession of a valid driver's license, (2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed a written examination for the permit and paid a fee prescribed by the commissioner of public safety. A two-wheeled vehicle instruction permit is effective for one year and may be renewed under rules prescribed by the commissioner of public safety. (c) No person who is operating by virtue of a two-wheeled vehicle instruction permit shall: (I) carry any passengers on the streets and highways of this state on the motorcycle while the person is operating the motorcycle; (2) drive the motorcycle at night; (3) drive the motorcycle on any highway marked as an interstate highway pursuant to title 23 of the United States Code; or (4) drive the motorcycle without wearing protective headgear that complies with standards established by the commissioner of public safety. (d) Notwithstanding paragraph (a), (b), or (c), the commissioner of public safety may issue a special motorcycle permit, restricted or qualified as the commissioner of public safety deems proper, to any person demonstrating a need for the permit and unable to qualify for a standard driver's license. Subd. 3. Vehicle equipment. (a) Any motorcycle with a seat designed or suited for use by a passenger shall be equipped with footrests for the passenger. No person shall operate any motorcycle on the streets and highways after January I, 1971, unless such motorcycle is equipped with at least one rear view mirror so attached and adjusted as to reflect to the operator a view of the roadway for a distance of at least 200 feet to the rear of the motorcycle and is equipped with not http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=169 .974 2/4/2007 169.974, Minnesota Statutes 2006 less than one horn which shall be audible at a distance of at least 200 feet under normal conditions. (b) All other applicable provisions of this chapter pertaining to motorcycle and other motor vehicle equipment shall apply to motorcycles, except those which by their nature have no application. Subd. 4. Equipment for operator and passenger. (a) No person under the age of 18 shall operate or ride a motorcycle on the streets and highways of this state without wearing protective headgear that complies with standards established by the commissioner of public safety; and no person shall operate a motorcycle without wearing an eye-protective device. (b) The provisions of this subdivision shall not apply to persons during their participation in a parade for which parade a permit or other official authorization has been granted by a local governing body or other governmental authority or to persons riding within an enclosed cab. Subd. 5. Driving rules. (a) An operator of a motorcycle shall ride only upon a permanent and regular seat which is attached to the vehicle for that purpose. No other person shall ride on a motorcycle; except that passengers may ride upon a permanent and regular operator's seat if designed for two persons, or upon additional seats attached to the vehicle to the rear of the operator's seat, or in a sidecar attached to the vehicle; provided, however, that the operator of a motorcycle shall not cany passengers in a number in excess of the designed capacity of the motorcycle or sidecar attached to it. No passenger shall be carried in a position that will interfere with the safe operation of the motorcycle or the view of the operator. (b) No person shall ride upon a motorcycle as a passenger unless, when sitting astride the seat, the person can reach the footrests with both feet. (c) No person, except passengers of sidecars or drivers and passengers of three-wheeled motorcycles, shall operate or ride upon a motorcycle except while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (d) No person shall operate a motorcycle while canying animals, packages, bundles, or other cargo which prevent the person from keeping both hands on the handlebars. (e) No person shall operate a motorcycle between lanes of moving or stationary vehicles headed in the same direction, nor shall any person drive a motorcycle abreast of or overtake or pass another vehicle within the same traffic lane, except that motorcycles may, with the consent of both drivers, be operated not more than two abreast in a single traffic lane. (f) Motor vehicles including motorcycles are entitled to the full use of a traffic lane and no motor vehicle may be driven or operated in a manner so as to deprive a motorcycle of the full use of a traffic lane. (g) A person operating a motorcycle upon a roadway must be granted the rights and is subject to the duties applicable to a motor vehicle as provided by law, except as to those provisions which by their nature can have no application. (h) Paragraph (e) of this subdivision does not apply to police officers in the performance of their official duties. (i) No person shall operate a motorcycle on a street or highway unless the headlight or headlights are lighted at all times the motorcycle is so operated. (j) A person parking a motorcycle on the roadway of a street or highway must: (1) ifparking in a marked parking space, park the motorcycle completely within the marked space; and (2) park the motorcycle in such a way that the front of the motorcycle is pointed or angled toward the nearest lane of traffic to the extent practicable and necessary to allow the operator to (i) view any traffic in both directions of the street or highway without having to move the motorcycle into a lane of traffic and without losing balance or control of the motorcycle, and (ii) ride the motorcycle forward and directly into a lane of traffic when the lane is sufficiently clear of traffic. Page 2 of3 http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num= 169.974 2/4/2007 169.974, Minnesota Statutes 2006 , "...' Subd. 6.[Repealed, 1999 c 230 s 46] Subd. 7. Noise limits. After December 31, 1978, noise rules adopted by the Pollution Control Agency for motor vehicles pursuant to section 169.693 shall also apply to motorcycles. History: 1967 c 875 s 1-5; 1969 c 1123 s 1-3; 1969 c 1129 art 1 s 18; 1971 c 226 s 1; 1971 c 491 s 35; 1974 c 133 s 1; 1975 c 29 s 3-5; 1976 c 295 s 1; 1977 c 17 s 1-4; 1977 c 134 s 1; 1981 c 357 s 63; 1982 c 548 art 4 s 13; 1983 c 216 art 1 s 29,30; 1983 c 345 s 8; 1984 c 549 s 32,33; 1985 c 248 s 70; 1986 c 444; 1995 c 40 s 1; 1997 c 159 art 2 s 31; 1998 c 398 art 5 s 55; 2000 c 489 art 6 s 30; 2001 c 60 s 1; 2002 c 364 s 18; 2002 c 371 art 1 s 49 Page 3 of3 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General Questions or comments. http://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&year=current&num=169 .974 2/4/2007 CHAPTER 173-62 WAC MOTOR VEmCLE NOISE PERFORMANCE STANDARDS Last Update: 9/30/80 WAC 173-62-010 173-62-020 173-62-030 173-62-040 173-62-050 173-62-060 173-62-070 Authority and purpose. Definitions. Standards. Exemptions. Implementation schedules. Enforcement. Effective date. WAC 173--62-010 Authority and purpose. (1) Under RCW 70.107.030 (5) ofthe Noise Control Act of 1974 (chapter 183, Laws of 1974), the legislature directed the department of ecology, in exercising rule-making authority to give first priority to the adoption of motor vehicle noise performance standards. The purpose of this chapter is to carry out that legislative directive through the adoption of noise emission standards for new motor vehicles and noise emission standards for the operation of motor vehicles on public highways. (2) Local needs. The standards established in this chapter provide several methods of evaluating motor vehicle noise levels. Nothing in these rules is meant to require enforcement agencies or local governments to adopt or use every standard in this chapter to determine a violation. Specific local needs shall dictate the standard(s) which may be adopted or used. [Statutory Authority: Chapter 70.107 RCW. 80--14-041 (Order DE 80--29), ~ 173-62-010, filed 9/30/80; Order DE 74-33, ~ 173-62-010, filed 1/30/75, effective 7/1/75.] WAC 173--62-020 Definitions. As used in this chapter: (I) "dBA" ImUlS the sound level in decibels measured using the "/J(' weighting network on a sound level meter as specified in the American National Standard Specification for Sound Level Meters S 1.4-1971. A decibel is a unit of sound, based on a logarithmic scale, of the ratio ofthe magnitude of a particular sound pressure to a standard reference pressure of20 micropascals; (2) "Department" means the department of ecology; (3) "Director" rrans director ofthe department of ecology; (4) "Gross vehicle weight rating (GVWR)" ImUlS the value specified by the manufacturer as the loaded weight of a single vehicle; (5) ''In-use'' motor vehicle is any motor vehicle which is used on a public highway, except farm vehicles as defined under RCW 46.04.181 ; (6) "Motor vehicle" ImUlS any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways and required to be licensed under RCW 46.16.010 (aircraft, water craft and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used herein); 173-62 WAC Page 1 9/30/80 (7) "Motorcycle" means any motor vehicle having a saddle for the use ofthe rider and designed to travel on not more than three wheels in contact with the ground, except :farm tractors; (8) "Muftler" means a device consisting ofa series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise to comply with the standards of this chapter; (9) "New motor vehicle" means a motor vehicle manufactured after December 31, 1975, whose equitable or legal title has never been transferred to a person who, in good faith, purchases the new motor vehicle for purposes other than resale; (10) ''Off-highway vehicle" means any self-propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010 ; (11) "Person" means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever; (12) "Public highway" means the entire width between the boundary lines of every way publicly maintained by the department of highways or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right; (13) "Sound level" means a weighted sound pressure level measured by use of a sound level meter using the "I>(' weighting network and reported as dBA. [Statutory Authority: Chapter 70.107 RCW. 80-14-041 (Order DE 80-29), ~ 173-62-020, filed 9/30/80; Order DE 75-17, ~ 173-62-020, filed 8/11/75; Order DE 74-33, ~ 173-62-020, filed 1/30/75, effective 7/1/75.] WAC 17~2-O30 Standards. (1) No person shall operate any motor vehicle or any combination of such vehicles upon any public highway under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle in Table I, as measured at a distance of 50 feet (15.2 meters) from the center ofthe lane of travel within the speed limits specified, under procedures established by the state commission on equipment in chapter 204-56 WAC, ''procedures for measuring motor vehicle sound levels." 173-62 WAC Page 2 9/30/80 Table I IN-USE MOTOR VEIDCLE NOISE PERFORMANCE STANDARDS Measured @ 50 feet (15.2 meters) Maximum Sound Level, dBA Speed Zones Vehicle 45 mph Over Category Effective (72 kph) 45 mph Stationary (type) Date or less (72 kph) Test Motorcycles July I, 1980 78 82 N/A Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less July 1, 1980 72 78 N/A 35 mph Over (56 kph) 35 mph or less (56 kph) All motor vehicles over 10,000 pounds (4536 kg) GVWR June I, 1977 86 90 86 1986 and after Reserved Reserved Reserved (2) Every motor vehicle operated upon the public highways shall at all times be equipped with an exhaust system and a mufller in good working order and constant operation to prevent excessive or unusual noise. (3) No person shall operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such noise from the tires in contact with the ground because of rapid acceleration or excessive speed around comers or other such reason, except that noise resulting from emergency braking to avoid imminent danger shall be exempt from this provision. (4) No person shall operate any motor vehicle upon any public highway if the vehicle exhaust system exceeds the maximum permissible sound levels of Table II for the category and year of vehicle, as measured at a distance of twenty inches (0.5 meter) from the exhaust outlet under procedures established by the state commission on equipment in chapter 204-56 WAC, "procedures for measuring motor vehicle sound levels." (5) No person shall sell or offer for sale a new motor vehicle except an off-highway vehicle, which produces a maximum noise exceeding the noise levels in Table III at a distance of 50 feet (15.2 meters) under acceleration test procedures established by the state commission on equipment in chapter 204- 56 WAC, "procedures for measuring motor vehicle sound levels." 173-62 WAC Page 3 9/30/80 Table II IN-USE MOTOR VEHICLE EXHAUST SYSTEM NOISE PERFORMANCE STANDARDS Measured @ 20 inches (0.5 meter) Vehicle Category Maximum Sound (type) Model Year Level, dBA Motorcycles before 1986 1986 and after 99 (reserved) Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less before 1986 1986 and after 95 (reserved) Table III MAXIMUM SOUND LEVELS FOR NEW MOTOR VEHICLES Measured @ 50 feet (15.2 meters) Vehicle Category Level, (type) Date of Maximum Sound Manufacture dBA Any motor vehicle over 10,000 pounds (4536 kg) GVWR excluding buses before January 1, 1978 after January 1, 1978 after January 1, 1982 86 83 80 All buses over 10,000 pounds (4536 kg) GVWR after January 1, 1980 after January I, 1983 after January 1, 1986 85 83 80 Motorcycles after January 1, 1976 after January 1, 1986 83 80 Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less after January I, 1976 80 173-62 WAC Page 4 9/30/80 [Statutory Authority: Chapter 70.107 RCW. 80-14-041 (Order DE 80-29), ~ 173-62-030, filed 9/30/80; Order DE 77-2, ~ 173-62-030, filed 6/1/77; Order DE 75-17, ~ 173-62-030, filed 8/11/75; Order DE 74-33, ~ 173- 62-030 , filed 1/30/75, effective 7/1/75.] WAC 173-62-040 Exemptions. The provisions ofthis chapter shall not apply to noise caused by auxiliary equipment on motor vehicles used for highway maintenance, nor to noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property to a safe condition following a public calamity. [Order DE 75-17, ~ 173-62-040, filed 8/11/75; Order DE 74-33, ~ 173-62-040, filed 1/30/75, effective 7/1/75.] WAC 173-62-050 Implementation schedules. (1) Conditions of issuance. The department may approve and issue to any person, an implementation schedule for meeting any particular requirement ofthis chapter, ifit finds that immediate compliance with such requirement cannot be achieved because of conditions beyond the control of such person or because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors or because of the nonavailability of feasible technology or control methods. (2) Requesting procedure. Implementation schedules shall be issued only upon application in writing to the department. Such application shall state in a concise manner the facts to show cause why such schedule should be approved. Any aggrieved person may appeal the department's decision on an application to the pollution control hearings board pursuant to chapter 43.21B RCW. [Order DE 74-33, ~ 173-62-050, filed 1/30/75, effective 7/1/75.] WAC 173-62-060 Enforcement. (I) Measurements shall be made with a sound level meter meeting Type I, SIA, 2 or S2A requirements as specified in the American National Standards Specifications for Sound Level Meters S 1.4-1971 as required under measurement procedures established in chapter 204-56 WAC, "procedures for measuring motor vehicle sound levels." (2) Violation of any in-use motor vehicle noise standard set forth in this chapter shall be a traffic infraction, enforced by such authorities and in such manner as violations of chapter 46.37 RCW. (3) Law enforcement personnel selected to measure vehicle sound levels shall have received training in the techniques of sound measurement and the operation of sound measuring instruments. (4) Any enforcement officer who by use of the initial inspection procedures of chapter 204-56 WAC suspects that a motor vehicle may be in violation of the standards of this chapter may require the operator to have the vehicle presented for sound level measurement. Measurements of a motor vehicle may be performed at off-road sites to determine compliance with the in-use standards. (5) Any operator who fails to comply with the directive to present the vehicle to a sound level measurement test shall be in violation of this chapter. 173-62 WAC Page 5 9/30/80