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Old 05-05-2010, 11:31 AM   #201
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This is another case of people way too worried about other people.
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Old 05-05-2010, 11:32 AM   #202
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Quote:
Originally Posted by Ulric View Post
I've seen one along those line...looks like someone posted some or all of it(was too lazy to read it all)



It's addressed in the ordinances...go look. :-)
What I posted proved the officer wrong, my bad.
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Old 05-05-2010, 11:34 AM   #203
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here is some more.. not taking sides, just putting up relevant(? I think ?) info for "noise pollution"

I dont know the law, so I dont know if this could "loophole" into the motorcyclist situations..



Taken From the Houston City Code of Ordinances, Chapter 30 : NOISE AND SOUND LEVEL REGULATION* (see full text at www.houstontx.gov/codeofordinances)

Sound nuisance shall mean any sound that either exceeds the maximum permitted sound levels specified in section 30-6 of this Code, or for purposes of sections 30-3, 30-4, and 30-5 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-2. General prohibitions.
(a) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In determining whether a noise is loud, unnecessary, or unusual, the following factors shall be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent, or constant; the volume and intensity; whether the noise has been enhanced in volume or range by any type of electronic or mechanical means; and whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.(b) It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound that either exceeds the maximum permitted sound levels specified in section 30-6 of this Code or, for purposes of sections 30-3, 30-4, and 30-5 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.
(c) The acts enumerated in the following sections of this chapter, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-3. Noisy vehicles generally.
The use of any motor vehicle so out of repair, so loaded, or so noisy that it creates any loud and unreasonable grating, grinding, rattling, or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(Ord. No. 01-945, § 2, 10-17-01)


Sec. 30-4. Amplified sound.
(a) It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound using any sound amplifier that is part of or connected to any speaker system, radio, stereo receiver, compact disc player, cassette tape player, microphone, or any other sound source, when operated: (i) in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or (ii) at any time with louder volume than is necessary for convenient hearing for persons who are in the vehicle or within the property or premises in which such sound amplifier is operated and who are voluntary listeners thereto. The operation of any such sound amplifier in such a manner as to be plainly audible at a distance of 50 feet from a vehicle shall be presumed to be violative of this section. The operation of any such sound amplifier in such a manner that bass sounds are plainly audible at a distance of 50 feet from the property line of a property or premises in which the amplification is located shall be presumed to be violative of this section.
(b) It is an affirmative defense to prosecution under this section that the sound source is a motor vehicle and that (i) the motor vehicle is a mobile sound stage or studio that is being used on a stationary basis at a location not situated upon any street for the purpose of providing sound, during daytime hours, for an event or function and (ii) the use is in compliance with all other provisions of this chapter, including but not limited to section 30-8 of this Code, if applicable.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-5. Noisy animals and birds.
The keeping of any animal or bird that causes or makes frequent or long and continued sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of ordinary, reasonable persons of normal sensibilities and ordinary tastes, habits, and modes of living who reside in the vicinity thereof is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this chapter, regardless of whether the sound so created by said animal or bird is within the permissible levels specified in section 30-6 of this Code.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-6. Maximum permissible sound levels.
(a) In addition to the violations established by the preceding sections of this chapter, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 30-7 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:
(1) Residential property:
a. 65 dB(A) during daytime hours.
b. 58 dB(A) during nighttime hours.
(2) Nonresidential property: 68 dB(A) at all times.
Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.
(b)*** Regardless of the measurable dB(A) level established above and measured as provided in section 30-7, below, the generator of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.


Sec. 30-10. Penalty.
Any person who violates any provision of this chapter is guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $500.00. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense.
(Ord. No. 01-945, § 2, 10-17-01)

(If you live outside the Houston City limits, the State of Texas Penal Code usually should apply, in addition to any other local Municipal ordinances on “Noise Regulation”, “Disturbing the Peace”, etc.)

STATE OF TEXAS PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES:
§ 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy …

(c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise[0] is presumed to be unreasonable if the noise[0] exceeds a decibel level of 85 after the person making the noise[0] receives notice from a magistrate or peace officer that the noise[0] is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor….
************************************************** *********************

Last edited by GAU-8; 05-05-2010 at 11:39 AM.
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Old 05-05-2010, 11:34 AM   #204
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It took your time, your effort, a readjustment of your schedule, your money...because you choose to be disrespectful to others...you paid in more ways than one...actually the Municipal Court looses money...by the time the city pays the officer to attend, the judges to adjudicate, the city attorney's to try the case, the record keeping, warrant file maintenance..the court is a deficit in the budget...just because people don't take care of their business and abuse the privilege (not a right) to operate a motor vehicle. Rick HPD
this begs the question, does HPD turn a profit for the city?
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Old 05-05-2010, 11:35 AM   #205
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nothing is louder than my big Echo weedeater and some heavy line slapping the fence boards.

Everythime my neighboors have a party they keep me up, and the baby up, and the wife up with their music.

I ask them to turn it down, they do then turn it back up 20 min later.

So, I wake up early and weedeat the fence over and over and over again till there's nothing but dirt touching the fence.

I guess I'm stooping to their level, but it makes me laugh as I imagine their pounding heads waking from a stupor to the weedeater that won't go away.
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Old 05-05-2010, 11:35 AM   #206
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Quote:
Originally Posted by Bevo View Post
1) I don't live in that freaking gay state
Doesn't matter.
Quote:
Originally Posted by Bevo View Post
2) Chaplinsky wasn't assaulted for his speech nor did he sue for assault
Also doesn't matter.

If you'd like to test this, feel free to venture into one of the "finer" sections of town and hurl racial epithets at anyone you meet. After you wake up from your coma, see how far you get with a civil suit...
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Old 05-05-2010, 11:35 AM   #207
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Oh and for the lawnmower complaint,
Sec. 30-2. Maximum permissible sound levels.

No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being received that when measured as provided in section 30-8 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:

(1) Residential property:

a. Sixty-five (65) dB(A) during daytime hours.

b. Fifty-eight (58) dB(A) during nighttime hours.

(2) Nonresidential property:

Sixty-eight (68) dB(A) during either daytime or nighttime hours.

The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that when measured at the property where the sound is being received exceeds the dB(A) levels set forth in this section is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section, when measured at the site where the sound is being produced, if available, shall be prima facie evidence of a sound nuisance which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city in violation of this chapter.

(Ord. No. 93-77, § 2, 1-20-93)
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Old 05-05-2010, 11:39 AM   #208
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Originally Posted by ddgtomahawk View Post
What I posted proved the officer wrong, my bad.
Wasn't replying/responding to you.
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Old 05-05-2010, 11:39 AM   #209
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Quote:
Originally Posted by ddgtomahawk View Post
Oh and for the lawnmower complaint,
Sec. 30-2. Maximum permissible sound levels.

No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being received that when measured as provided in section 30-8 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:

(1) Residential property:

a. Sixty-five (65) dB(A) during daytime hours.

b. Fifty-eight (58) dB(A) during nighttime hours.

(2) Nonresidential property:

Sixty-eight (68) dB(A) during either daytime or nighttime hours.

The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that when measured at the property where the sound is being received exceeds the dB(A) levels set forth in this section is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section, when measured at the site where the sound is being produced, if available, shall be prima facie evidence of a sound nuisance which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city in violation of this chapter.

(Ord. No. 93-77, § 2, 1-20-93)
i dont quite understand legal mumbo jumbo...
does it mean that the lawn mower is only violating the law if its greater than the 65db in my room or the law mower is violating the law if its greater than 65 db at the lawn mower?
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Old 05-05-2010, 11:41 AM   #210
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Originally Posted by honorsdaddy View Post
Doesn't matter.


Also doesn't matter.

If you'd like to test this, feel free to venture into one of the "finer" sections of town and hurl racial epithets at anyone you meet. After you wake up from your coma, see how far you get with a civil suit...
Your taking the earlier discussion in regards to speech/vs assault beyond the context of the disucssion it was in.
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Old 05-05-2010, 11:42 AM   #211
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Taken From the Houston City Code of Ordinances, Chapter 30 : NOISE AND SOUND LEVEL REGULATION* (see full text at www.houstontx.gov/codeofordinances)

Sound nuisance shall mean any sound that either exceeds the maximum permitted sound levels specified in section 30-6 of this Code, or for purposes of sections 30-3, 30-4, and 30-5 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-2. General prohibitions.
(a) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In determining whether a noise is loud, unnecessary, or unusual, the following factors shall be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent, or constant; the volume and intensity; whether the noise has been enhanced in volume or range by any type of electronic or mechanical means; and whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.(b) It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound that either exceeds the maximum permitted sound levels specified in section 30-6 of this Code or, for purposes of sections 30-3, 30-4, and 30-5 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.
(c) The acts enumerated in the following sections of this chapter, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-3. Noisy vehicles generally.
The use of any motor vehicle so out of repair, so loaded, or so noisy that it creates any loud and unreasonable grating, grinding, rattling, or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(Ord. No. 01-945, § 2, 10-17-01)


Sec. 30-4. Amplified sound.
(a) It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound using any sound amplifier that is part of or connected to any speaker system, radio, stereo receiver, compact disc player, cassette tape player, microphone, or any other sound source, when operated: (i) in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or (ii) at any time with louder volume than is necessary for convenient hearing for persons who are in the vehicle or within the property or premises in which such sound amplifier is operated and who are voluntary listeners thereto. The operation of any such sound amplifier in such a manner as to be plainly audible at a distance of 50 feet from a vehicle shall be presumed to be violative of this section. The operation of any such sound amplifier in such a manner that bass sounds are plainly audible at a distance of 50 feet from the property line of a property or premises in which the amplification is located shall be presumed to be violative of this section.
(b) It is an affirmative defense to prosecution under this section that the sound source is a motor vehicle and that (i) the motor vehicle is a mobile sound stage or studio that is being used on a stationary basis at a location not situated upon any street for the purpose of providing sound, during daytime hours, for an event or function and (ii) the use is in compliance with all other provisions of this chapter, including but not limited to section 30-8 of this Code, if applicable.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-5. Noisy animals and birds.
The keeping of any animal or bird that causes or makes frequent or long and continued sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of ordinary, reasonable persons of normal sensibilities and ordinary tastes, habits, and modes of living who reside in the vicinity thereof is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this chapter, regardless of whether the sound so created by said animal or bird is within the permissible levels specified in section 30-6 of this Code.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-6. Maximum permissible sound levels.
(a) In addition to the violations established by the preceding sections of this chapter, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 30-7 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:
(1) Residential property:
a. 65 dB(A) during daytime hours.
b. 58 dB(A) during nighttime hours.
(2) Nonresidential property: 68 dB(A) at all times.
Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.
(b)*** Regardless of the measurable dB(A) level established above and measured as provided in section 30-7, below, the generator of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.

Sec. 30-10. Penalty.
Any person who violates any provision of this chapter is guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $500.00. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense.
(Ord. No. 01-945, § 2, 10-17-01)

(If you live outside the Houston City limits, the State of Texas Penal Code usually should apply, in addition to any other local Municipal ordinances on “Noise Regulation”, “Disturbing the Peace”, etc.)

STATE OF TEXAS PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES:
§ 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy …

(c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise[0] is presumed to be unreasonable if the noise[0] exceeds a decibel level of 85 after the person making the noise[0] receives notice from a magistrate or peace officer that the noise[0] is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor….
************************************************** *********************
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Old 05-05-2010, 11:42 AM   #212
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Quote:
Originally Posted by trilai View Post
i dont quite understand legal mumbo jumbo...
does it mean that the lawn mower is only violating the law if its greater than the 65db in my room or the law mower is violating the law if its greater than 65 db at the lawn mower?
...
Quote:
(7) The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 8:00 p.m. and which device did not produce a sound exceeding eighty-five (85) dB(A) when measured from the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was used.
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Old 05-05-2010, 11:42 AM   #213
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Quote:
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Your taking the earlier discussion in regards to speech/vs assault beyond the context of the disucssion it was in.
True - that topic has no business in this thread. Thread Hijack over.
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Old 05-05-2010, 11:42 AM   #214
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Old 05-05-2010, 11:45 AM   #215
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Welcome to law. Almost EVERY piece of law is written in a way that makes it nearly impossible to truly understand. The people who make and write laws are idiots. Your question is 100% reasonable, but that specific law doesn't provide you with more info. Another reason why Holstclaw's sound ordinance tickets should be able to get throw out of court every single time.
not really, just takes some patience and thought when reading them.
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Old 05-05-2010, 11:46 AM   #216
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Originally Posted by honorsdaddy View Post
Doesn't matter.


Also doesn't matter.

If you'd like to test this, feel free to venture into one of the "finer" sections of town and hurl racial epithets at anyone you meet. After you wake up from your coma, see how far you get with a civil suit...
I think that's a public disturbance. Is that the same as having a face to face argument with someone and then getting punched in the face for it?
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Old 05-05-2010, 11:47 AM   #217
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True - that topic has no business in this thread. Thread Hijack over.
Lets say both sides are right, but it could make for an interesting discussion/thread.
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Old 05-05-2010, 11:51 AM   #218
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Old 05-05-2010, 11:52 AM   #219
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...(7) The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 8:00 p.m. and which device did not produce a sound exceeding eighty-five (85) dB(A) when measured from the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was used.
i seeee.
so as long as its between 7am and 8pm and not greater than 85 db, its ok.

that really sucks cuz people like to sleep in on weekends, but the lawn care equipment are so annoying.

at least motorcycles are only for the few seconds that it takes to go by you.
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Old 05-05-2010, 11:53 AM   #220
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FYI, the label on the swingarm says the exhaust meets the EPA requirement of 80db
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