Ask A Trooper
Published Tuesday, July 8, 2008
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Question: Are there any noise ordinances that troopers can enforce? I'm thinking specifically of the car stereos that seem to be nothing but bass and shake my house, sometimes shaking me awake at night. It’s an annoyance, but is it illegal? If it’s illegal, why is it not enforced? —Rhonda
Answer: Rhonda, it must be summer, as I have had this question twice in a week. There is only one noise regulation related to vehicles in Alaska. 13AAC 04.215 says in part that you may not modify the exhaust system of a motor vehicle in a manner which amplifies or increases the noise emitted by the engine of the vehicle above that emitted by the muffler originally installed on the vehicle for use on the highway or a vehicular way or area.
In other words, you can modify the exhaust to change the tone, but if it becomes any louder than it was when it left the factory, it is illegal.
The same statute covers the fact that you are required to actually have a working muffler on your vehicle. Both offenses are correctable, but if you are ticketed and fail to show that you fixed your defective muffler or added one if it was missing, it will cost you $60.
However, if you are ticketed for having an illegally modified muffler (too loud), and you fail to show that you fixed the problem it is $160 fine. Neither ticket involves any points on your license.
I suspect part of the reason there is no state law regarding the noise coming from inside of a vehicle is that it would be very difficult to enforce. Without some type of external noise meter mounted on the patrol cars, how could an officer or trooper determine what is “too loud?” It would become very subjective and difficult to prove in court.
If you have questions that you would like to ask a trooper, please send them to Alaska State Troopers, 1979 Peger Road, Fairbanks, AK 99709. Or you can e-mail them to Chad.Goeden@alaska.gov.
The Alaska State Troopers remind you to always wear your seatbelt. It’s the law.
Do you have a question for Trooper Chad Goeden? Submit it here.
Community Discussion
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However, there is disorderly conduct which is a crime, but very hard to enforce. The Officer would have to be there to witness it, or you would have to file a private person arrest and be willing to testify. Most people are really annoyed by these actions, but blaring a car stereo rarely constitutes a crime for most people. Including Peace Officers. Note that the offender must be notified and then offend again.
Here is the law.
AS 11.61.110. Disorderly Conduct.
(a) A person commits the crime of disorderly conduct if,
(1) with intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(2) in a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(3) in a public place, when a crime has occurred, the person refuses to comply with a lawful order of a peace officer to disperse;
(4) in a private place, the person refuses to comply with an order of a peace officer to leave premises in which the person has neither a right of possession nor the express invitation to remain of a person having a right of possession;
(5) in a public or private place, the person challenges another to fight or engages in fighting other than in self-defense;
(6) the person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or
(7) the offender intentionally exposes the offender's buttock or anus to another with reckless disregard for the offensive or insulting effect the act may have on that person.
(b) As used in this section, "noise" is "unreasonably loud" if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. "Noise" does not include speech that is constitutionally protected.
(c) Disorderly conduct is a class B misdemeanor and is punishable as authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall be for a definite term of not more than 10 days.
There is a City Ordinance FGC 46-186 Use of electronically amplified sound systems in motor vehicles - "No person operating or in control of a parked or moving vehicle shall operate or permit the operation of an electronically amplified sound system so as to produce a sound that is clearly audible more than 50 feet from the motor vehicle." But the violation has to happen inside the city limits. This law is enforced. I know several people that have been issued citations for it.
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