BLOOMINGTON - The next time your favorite song comes on the car radio, think twice about turning it up. Bloomington's 45 patrol officers have been told to issue at least two traffic citations or ordinance violations related to noise monthly.
And officers that don't achieve the goal and can't give a valid explanation why can face discipline.
"The City Council has directed us to be - for officers to step up their enforcement efforts on noise violations," said Bloomington Assistant Police Chief Ed Moser. "So we're following a City Council directive."
If the officers make their numbers, that will mean more tickets will be written in the first four months of the year than have been written in the last three years.
No formal vote was taken but the directive from the City Council came from a few minutes of discussions at the end of council meetings in December and January.
Aldermen asked about enforcing the noise ordinance after meetings with Citizen Activists Responding Effectively, or CARE.
In the last three years, Bloomington police have written 82 tickets for loud car stereos and 226 tickets for people with loud or disruptive houses. In Normal, police issued 143 tickets for loud car stereos in 2005 and 2006. Normal police did not have a number for tickets issued in 2004 or statistics on loud or disruptive houses.
CARE members argue noise should be a chief concern for police.
"It is pervasive enough - especially in our older neighborhoods - that we've noticed it has become a problem," said Marty Seigel, a member of CARE and a February primary candidate for the Ward 4 council seat.
At the Jan. 22 meeting, Skip Crawford, who represents Ward 4 and is seeking re-election, asked for a status on enforcement and suggested the city look at drafting an ordinance for land-based noise, such as Normal has.
But the issue of enforcement already had been addressed.
In a Jan. 9 e-mail to police commanders from Moser, Moser wrote that aldermen at the Jan. 8 meeting wanted enforcement to be stepped up.
Crawford said police should be beefing up enforcement of the ordinance and writing tickets. However, he has received a few complaints of noise during his 10 years as alderman.
"This is not an issue to campaign from," Crawford said. "Traffic safety, infrastructure and water seem to be the issues first and foremost on the minds of constituents."
Judy Stearns, who also is challenging Crawford, is pleased police are going to be aggressive in enforcing the noise ordinance.
"Blasting stereos, loud arguments - noise is a health issue. It's disruptive, nerve jangling and aggravating," Stearns said.
Moser said he was told to make sure officers complied with the City Council's direction, and he said he arbitrarily chose two violations per month as a starting point. Those violations will include ones filed under the state and city codes for vehicles heard from 75 feet away and under city ordinances against disorderly houses.
Moser said officers can use their own discretion in whether to issue $50 fines under the state traffic code or $250 fines under city code for loud car stereos. Loud muffler violations are met with $5 city fines.
Moser said discipline for falling short on violations starts with verbally telling officers to "step up" their work, and future discipline progresses from there.
"If there isn't a noise violation out there to be had, that officer's off the hook," Moser said. "We're not going to invent crime."
The standards for noise violations will count toward meeting officers' other performance standards, Moser said. Patrol officers are expected to, on average, issue one ticket for moving violations and one for parking violations for every two days on duty, he said.
Mayor Steve Stockton said setting a quota for noise ordinance violations is not what he had in mind when the council asked for more enforcement.
"The question isn't whether to enforce but to what extent," Stockton said. "Only thing we said was this is important to residents and we need to watch this and get a better handle on this."
Asked if issuing two tickets a month per officer is necessary, Stearns replied, "Absolutely. Drive down East Washington, East Empire, North Main and it won't take long before you are next to a car with a blasting stereo vibrating the car and sometimes the language is inappropriate for children."
Carol Koos, also a candidate for Ward 4, said she is OK with police issuing tickets as long as a violation exists.
"I use to live where there was a noise issue, so I can certainly empathize," Koos said.
She added, "There are some people are saying this is a big, big issue, but that's not what I am hearing when I'm out talking to people."
Moser said his department would much rather get voluntary compliance and issue warnings rather than issue tickets.
However, Stearns said, if the city is going to have the ordinance, then it should be enforced or taken of the books.
"A $250 fine sends out a very strong message," Stearns said. "And once word gets out that it will not be tolerated in Bloomington, it will become a quieter town."
Moser said he doesn't see the noise violation requirement lasting long, and he will see what effect the current policy has. He said that number expected of officers may increase or decrease based on how many offenses officers find.
Normal Assistant Police Chief Rick Bleichner said his department's general policy is to give residents two written warnings for noise violations at a home each semester, after which violators risk receiving ordinance violations. He said officers use their own discretion in writing tickets for loud stereos or mufflers.
"It would just depend on a case-by-case basis," Bleichner said.
Normal officers don't have minimums for noise violations, Bleichner said.
Attempts to reach Dora Doyle, candidate for Ward 4, for comment were unsuccessful.
Mufflers
(a) It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise. No motor vehicle shall be operated on any street unless such vehicle is provided with a muffler in efficient actual working condition, and the use of a cutout is prohibited. (Ordinance No. 2004-4)
Fine: $5 first offense, $10 second offense, $15 third and subsequent offenses.
Car stereos
(b) No driver of any motor vehicle within this State shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from 75 or more feet when the vehicle is being operated upon a highway, unless such system is being operated to request assistance or warn of a hazardous situation. This Section does not apply to authorized emergency vehicles. (Ordinance No. 2004-4)
FINE: $250 first offense, $500 second offense, $1,000 third and subsequent offenses.
(Although the state penalty for violating the noise ordinance is $50, City Attorney Todd Greenburg said the city can establish a fine higher than the state for similar violations.)
On the Net: www.cityblm.org/code.asp?show=codemain
SOURCES: Bloomington City Codes, Chapter 29 Sections 83 and 156, City attorney Todd Greenburg; Compiled by M.K. Guetersloh
Posted in News on Monday, February 12, 2007 12:00 am Updated: 2:08 pm.
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