"Boom cars" and more

M.D. Says Oakland Must Silence the Noise

By Louis Hagler, MD

I am a retired physician with an interest in the public health effects of noise pollution.

This city is filled with motor vehicles with electronically amplified sound systems that are little more than roving public address systems. It is filled with motor vehicles that have illegally modified mufflers, the sole purpose of which is to make noise. Unless councilmembers appreciate the significance of the problem and are willing to do something about it, Oakland will continue to be plagued with unwanted, unnecessary, unhealthy, and illegal noise.

Oakland, boom car torture town

There are a number of fundamental issues that are related to this message.

1. The United States Constitution contains six guarantees. One of them guarantees the right to domestic tranquillity. The Federal Noise Control Act of 1972 confirmed this right with the following statement: "The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare." The noise that fills our streets denies us this right.

2. Most citizens are concerned with quality-of-life issues. It is these issues that degrade the environment in which we live and which we all share. Most citizens want quality of life laws to be strictly enforced.

3. Most citizens place great value on quiet in their homes and on their streets. Citizens complain about noise more (and more often) than any other urban problem. Last year the quality-of-life hotline in New York City received over 354,000 calls for noise-related problems.

4. Noise is the most widespread and least controlled environmental pollutant in the world today. Noise degrades the environment with long lasting medical, social, and economic adverse effects. If you are interested, more information can be found from this report in the Southern Medical Journal.

5. Among its many adverse effects, noise damages hearing, disturbs communication, disrupts sleep, impairs cardiovascular function, interferes with teaching and learning, reduces productivity, harms relationships, and increases accidents. It is a major source of recurring and often unrecognized stress, which, itself, degrades the quality of life and adversely affects health.

6. Data from Europe indicate three percent of all deaths from heart disease are due to environmental noise. A similar percentage of high blood pressure is due to environmental noise.

7. Information from other jurisdictions in the United States indicates that 20 to 25 percent of all vehicles stopped for violating local noise ordinances turn up unlicensed and uninsured drivers, illegal weapons and drugs, and parole violators. Thus, enforcement of noise ordinances fits neatly with every city's attempt to eliminate drugs, weapons, and felons from the streets.

I was a member of a small group of concerned citizens who brought quiet zones to Richmond – quiet zones that silenced train horns. I am equally willing to give Oakland my time, energy, and professional expertise in any effort that will make this a quieter city.

Failure to act allows noisemakers and the businesses that support them to subvert the law of the land, local ordinances, and the will of most citizens. Councilmembers, I would appreciate hearing how you plan to address this problem and how I might aid in that effort. I look forward to hearing from councilmembers.

Noise Laws Can Be Enforced

California state law states, "No driver of a vehicle shall operate any sound amplication system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway." (Vehicle Code, section 27007) There is no decibel requirement. If the speakers can be heard at all 50 feet away, they are too loud.

A law is not much good until it is enforced. Other cities give examples of protecting people's right not to be assaulted with the noise from loud stereos in cars. In a letter to the Oakland city attorney, Dr. Hagler reports on how two other cities enforce laws banning loud "boom cars:"

As of August, 2007, at least two cities in the United States have instituted a citizen reporting system for noisy vehicles. In Gulfport, Mississippi citizens report noise violations to the police department, providing the time of day, location, license number, and a description of the vehicle. The police send the registered owner a letter warning him/her that the vehicle has been reported to be in violation of the local noise ordinance. This seems to have had salutary effects, since second complaints have been rare. If second complaints are received, the police pay the owner a visit. The other city, Madison, Wisconsin, instituted a system that trains citizen reporters. Their reports of noise violations trigger the issuance of a ticket to the violator by the police department. Other cities in the United States are considering similar systems because the plague of noise is present everywhere and is growing.

Most effective, however, is the method used by Peoria, Illinois to deal with boom cars. On June 1, 2006, the city council adopted a law to enforce a provision much like the 50-foot rule already in California statute (quoted above). "Whenever a police officer has probable cause to believe" a vehicle is violating the law, he can impound it right on the spot. For a first offense, the owner can retrieve the vehicle for the cost of impoundment and storage. A second offense adds a $250 fine; a third offense within two years, $500. (Peoria municipal code, sections 15-75 to 15-77)

Picture yourself in your car at a stop light. Now think of an extremely loud bass thumping and rumbling music blaring out of the car that just pulled up next to you as you are, inevitably, stuck at the longest red light in the city. Now put the most offensive cuss words in with the thumping bass. Now think of the same scenario with your small children in your car. Now put small children in "that" car. A person's right to listen to music as loud as they want certainly does not outweigh another person's right to peace and quiet. – a Peoria, Ill. police officer

The new law works! Peoria police officer Donna Nicholson reports, "We have only had 54 vehicles towed for noise in three months and only one has been back to visit us a second time for loud music." In just three months, that is a drop in the ticketing rate for boom cars of more than half. More important, tickets usually had little effect, but impounding teaches the lesson: you have no right to disturb other people.

Officer Nicholson goes on, "Interestingly, 17 of the 54 vehicles were initially pulled over for loud music; however, a more severe impound was imposed due to other ordinance violations such as drugs, weapons, suspended or revoked driver's license, etc."

Oakland can break the rising wave of boom cars, but two things are needed. One is enough police so they have time to enforce such a law. We must address the fact that Oakland has only half a police department.

The other condition is a break with official tolerance for the culture of disrespect that dominates Oakland streets today. Fortunately, the pendulum is moving away from the extreme represented by the infamous "ebonics" controversy of 1996-97, sparked by a school board resolution that "African Language Systems are genetically based and not a dialect of English." This ridiculous flouting of both science and common sense was taken seriously because politicians like Jean Quan (president of the school board then, a councilmember and mayoral wannabe today) bow to a complete misunderstanding of what diversity means.

We need councilmembers with common sense and devotion to solving real problems. Enact a law similar to Peoria's anti-noise ordinance – and see that it is enforced.

Readers Comment

We as citizens have a right to our peace. We should not have to be held hostage to loud boom boxes and thumping music coming from cars nor homes. I have been held hostage for years in my home by loud music from a house. The landlord refuses to correct the problem because of corruption in their own lives. Some of the slumlords use tenants to create a nuisance of loud music to intimidate good citizens and drive them out of their homes, so the slumlord can put drug dealers in their property.

There is no way police in our city cannot hear the loud music like we citizens. If the police we do have enforced our noise laws already on the books, we would see a great difference. I say let complain to our city officials until citations and any other legal measures are taken for enforcement.

There is no reason why we peaceful citizens should have to be subjected to the ills that we are suffering in this city. It is shameful, we citizens of Oakland cannot enjoy this wonderful city as it should be enjoyed. Let's work hard to make enforcement of noise nuisance law a top priority in restoring peace to our city, homes and communities.

– A Melrose resident

Family Under Noise Assault in North Oakland

Dear ORPN:

My wife, son and I just bought our first home in north Oakland near 62nd Street and Market. The amount of noise on this street is unbearable at time. I would say a boom car will drive by every ten to fifteen minutes. This will happen at all hours at the night and increase during the weekends. The worst part about the noise is that it wakes my three-year-old son up at night and scares him. I am asking for help to point me in the right direction to put an end to this on my street.

Thank you,

At Wits End in North Oakland

Dear At Wits End:

You and your family are under assault. Noise is as much a weapon of attack as fists, guns, and water torture.

Unfortunately, the City of Oakland does not have enough police to respond to noise assaults, and the city council, having just laid off 80 officers from an understaffed department, will cut two to several dozen more by January 2011. The council seems determined to make Oakland the first major city in the country without a viable police function.

Furthermore, the City gives grants to so-called anti-violence agencies like Youth UpRising that actually glorify boom cars to youth. In addition, officials suppposedly working with neighborhood residents against crime look the other way while gutter rappers take over a municipal event, National Night Out, to promote a CD release.

You ask for help, but there is very little we can suggest. You might document the most frequently seen boom cars; a dozen or so vehicles cause a majority of the disturbance in a neighborhood. Take the information to your neighborhood crime prevention council. An officer might be interested since, as noted above, a good portion of boom-car drivers are involved in more conventional crimes, too.

Another suggestion: find a neighbor or two also suffering under noise assault. Together you can note the license plate of a frequent offender and get the vehicle owner's address through DMV (or more directly, follow the car to a residence). Send a letter demanding the peaceful and quiet enjoyment of your homes, or else you will file a small claims action. This would lead to a lien on real property and garnishment of wages. There are obviously many difficult points with this strategy, but an example case would have a strong demonstration effect on other offenders.

Sadly, these suggestions are long shots. Oakland residents live under conditions resembling a war zone. It will remain so until enough people with enough power decide that city government must meet its first obligation – peace and safety.