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After hearing from aggrieved citizens living near RM 2222 on Thursday, the Austin City Council unanimously approved an ordinance to crack down on the noise of motorcycles racing and revving their engines.
“A person may not intentionally, knowingly, recklessly, or with criminal negligence make, … 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,” the ordinance says.
It defines vehicles or engines exceeding 85 decibels as a Class C misdemeanor subject to a maximum fine of $500. Hairdryers and blenders typically operate at around 85 decibels, with chainsaws and leaf blowers surpassing 100 decibels.
The council rejected a proposed amendment by District 7 Council Member Mike Siegel that city lawyers said would have made noise prosecutions significantly more difficult. It would have removed the words “recklessly, or with criminal negligence,” forcing prosecutors to prove that a defendant made the noise intentionally or knowingly.
Council Members Zo Qadri, Vanessa Fuentes, and José Velásquez were the only members to join Siegel in his proposal.
Image credit: Jo Clifton
Lisa Capps, who has been battling the ever-increasing noise, told council Thursday that she and her family are regularly awakened by motorcycle noise in the hours from 1 a.m. to 5 a.m. She said that the Siegel amendment would make the ordinance “functionally unenforceable.”
Council Member Marc Duchen, who represents many of the constituents complaining about the noise, said Siegel’s proposal would remove “the essential teeth of this ordinance” and “feels irresponsible.” Noting that most complaints have come from residents close to RM 2222, Duchen proceeded to read one from someone living in Jester Estates — a mile away from RM 2222.
On Thursday and at Tuesday’s work session, Northwest Austin neighbors impacted by the motorcycle noises urged council to act.
“We’re not asking for silence,” Marisa Lipscher told the council. “We are asking for reasonable limits and enforceable tools.”
Capps said that outdoors, the revving of engines “sounds like you are literally standing next to the (Circuit of the Americas) track.”
Image credit: Circuit of the Americas
On behalf of Equity Action, speaker Savannah Lee said that the law would have a disproportionate impact on the poor.
The council unanimously approved two other amendments. A Velásquez amendment requires police officers to issue a warning to first offenders, who will be given a ticket if they break the law again.
An amendment by District 5 Council Member Ryan Alter would require the city manager to report on enforcements in 90 days and to suggest further amendments. These might include allowing enforcement by non-sworn city personnel – or proposals to regulate other excessive noises. One of them heard across the city is the ubiquitous lawn blower, which has constituencies for and against it.
After the vehicle noise vote, Lipscher thanked Duchen and the Austin Police Department that worked with neighborhoods on the ordinance.
“It’s been a long, drawn-out battle” for five years, she said.
Jo Clifton began her career at the El Paso Times and the Austin American-Statesman. A UT Law graduate, she later owned and wrote for In Fact Daily and continued writing for its successor, the Austin Monitor.
