Boom Cars - Rock & Roll or Noise Pollution?

Noise pollution is a nuisance as described by Wikipedia:

Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways:

1. to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
2. to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
3. to describe a legal liability that arises from the combination of the two.[2] However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land.[3]

As a Jamaica Plain business owner I am always a bit cautious to vocalize my opinions on issues pertaining to the neighborhood. I am a very opinionated person so this isn't the most cathartic scenario imaginable. I have lived in Jamaica Plain for well over 15 years, originally on Sheridan Street and now I own a two-family in the Brewery District which has been beset by the booming bass of powerful car stereos.

I suppose we all have our pet peeves - and living in the city requires compromise. It's a trade off. In exchange for culture, excitement, varied culinary adventures, etc. you have to put up with queues, traffic, noise, less space and of course personalities. Sometimes the social contract gets tested and the balance gets upset. Conflict arises. Government must step in. Laws are made. Riddle me this though, here in Boston, the ordinances that control noise pollution are completely ignored.  No enforcement whatsoever.

Is this really necessary?

Traffic noise is just a fact of life when you live in the city. However, as the global population rises and population density becomes such that we are living in closer proximity to each other  - we will have to build a consensus as to what is socially acceptable.  I've been pretty annoyed by this behavior for a long time but until I did a bit of research for this post I wasn't aware it was an international issue.  It appears to be an issue from Gainsville to Glasgow. Communities are taking action to stop the noise. The solutions vary but I think we can learn a lot from their experience. It seems that just fining the perpetrators is not sufficient. It doesn't seem to dissuade the behavior. Some communities have employed more drastic measures that seem to be more effective ranging from counting the infraction as a moving violation and adding points to your license all the way to impounding the offending vehicle, a fine and storage fees.

In Gainsville, Fla. "currently, state law declares it a non-moving violation, punishable by a $30 fine plus court costs and fees if a vehicle's stereo system is "plainly audible at a distance of 25 feet or more."

Senate Bill 886 and House Bill 643 would further lower the boom on booming stereo violations. Under the versions of the bills originally filed, fines would increase: $60 for a first violation, $120 for the second in a period of 12 months and $180 for the third violation in a 12-month span. Each infraction would be considered a moving violation with points assessed on a driver's license.

On Wednesday, the Senate Transportation Committee unanimously approved an amended version that would keep the first infraction a non-moving violation, as it currently is under state law, with a $30 fine and no points assessed on a driver's license. For subsequent violations, the remainder of the bill stayed intact." (from Gainsville.com  March 10th, 2011)

Check out this video about the laws in Sarasota, Fla. [It is also embedded above and right with the image gallery.]

According to a 1999 U.S. Census report, Americans named noise as the number one problem in neighborhoods.

Of 102.8 million reporting households, 11.6 million (11.3%) stated that street or traffic noise was bothersome, and 4.5 million (4.4%) said it was so bad that they wanted to move. A U.S. Department of Justice report about the boom car problem recognizes the threat that they can “compel people to move out of neighborhoods they otherwise like and thereby depress property values.”

According to noiseoff.org, an organization devoted to fighting noise pollution of all types, “People who drive boom cars consider it their right to play music at any volume they please. They regard their car as an expression of themselves and the louder it is, the bolder the statement that they can make. Boomers are typically lower-middle class males in their teens and twenties with some disposable income. They assume that their car will attract women and improve their social standing among their peers.” Some studies indicate that the driving bass, which creates the “boom” that is so annoying to most people, might raise adrenalin levels and make these young drivers prone to violence.

The National Highway Traffic Safety Administration (NHTSA) estimates that 25 percent of vehicle accidents are caused by driver distraction. Drivers experience reduced reaction times when listening to loud music and adjusting the controls on their car stereo equipment. Another problem is that the pounding bass noise decreases drivers’ ability to hear pedestrians and other vehicles. That also includes emergency vehicles, such as police cars, ambulances and firetrucks.

The car audio industry seems to be celebrating and promoting this mentality through their marketing campaigns:

• JBL: "Either we love BASS or hate your neighbors."
• JL Audio: "Be Very Afraid."
• Kicker: "You deserve a beating...Kicker's loudest, meanest subwoofer ever!"
• Concept: "When TOO loud...is just right!"
• Lightning Audio: "Sonic submission."
• Boss Audio System: "Turn it down? I don't think so."
• Cerwin-Vega Mobile Audio: "Shake the living, wake the dead."
• Crossfire: "We're louder...Deal with it!"
• Earthquake Sound: "The Meanest, Loudest, Most Powerful, Mother F--- Amplifiers Money Can Buy!"
• Viper Audio: "Cold Blooded. Violent Fury and Multi-Channel Mayhem."
• Orion High Performance Car Audio: "Be Loud. Be Obnoxious." [Video embedded above and right]

I've been joking a bit about making violators listen to Barry Manilow but that's exactly what one judge did. [Check out the video above and to the right.]

Mayor Thomas Menino has a “broken glass” policy. The theory is that neighbors should sweep up broken glass (presumably from vehicle larceny) as well as trash around their homes – giving the impression that the area is cared for and making it less likely that thieves and vandals will frequent the area. I believe the authorities should treat the Boom Cars with the same logic. If you send the message to these people that there is a grey area in the law it allows them to determine where that grey area begins and ends.  If the community complains enough and the police enforce the law it will be better for the whole neighborhood. In researching the issue as it has played out throughout the country I came across an article in which a city councilman voted the law down because he felt it singled out young minorities. My thought is that it’s going to single out whomever is playing loud music.

Organized efforts are making an impact. Noiseoff.org offers some suggestions on how to get action:

• Do not approach or attempt to reason with drivers boom cars. When possible, take down their license plate number and call the police.
• Talk to your neighbors and organize, chances are they are just as frustrated as you are. Most communities have some type of noise ordinance in place and you should know what they are and if they require strengthening. Lobby the city council or the community board in your area to increase police patrols and fines for offenders. I have already spoken to Matt O’Malley on the subject. Basically, nothing is going to happen unless you write city officials and complain. Send your complaints of noise pollution to the mayor’s office and to your councilman. Take 5 minutes and do something for your community.
• If you see a car audio shop opening up in your community, organize with your neighbors and stage a protest. Make picket signs and send a media alert to local newspaper and television news outlets so they can cover the event. (Oops, too late. opened up despite not having a license to do so and despite opposition from the . Thanks, BRA Board of Appeals. I live directly across from Boston Electronics. Their list of city ordinances and zoning codes are as long as my arm.)
• Make a point: file a civil suit against the offender. Noiseoff.org even offers a package in the form of a PDF file teaching you how to do it and sign the petition at Ban Boom Cars.

I’m really frustrated by the fact that a relatively small group of people are violating the rights of their neighbors. What is the difference between these booming stereos and public smoking for instance? I’ll tell you – when someone drives or walks by smoking I’m not effected by it. I’m not rattled out of bed nor do I have to rewind my movie so I can hear what was just said.

Now that it’s summer forgetaboutit. The need to have the windows open means I get to listen to the noise from boom cars at a level that is completely unacceptable. I’d really like to hear community comments about noise pollution as well as alternate viewpoints feel free to comment.