Friends, Something boom-car sufferers all over the nation have been pushing for has been passed in Rochester: what we call the Owner-Onus law. What it meansMessage 1 of 1 , Sep 11, 2005View SourceFriends,
Something boom-car sufferers all over the nation have been pushing for has
been passed in Rochester: what we call the "Owner-Onus" law. What it
means is that the owner of a vehicle can be held responsible for a noise
violation, even if he/she is not the driver. The would expand opportunities for
civilians to write depositions. Here is the amendment to Section 75-12:
"No person shall use or operate or suffer or permit to be used or operated,
and the owener and the person in control of a motor vehicle and the person in
control of a premises shall not suffer nor permit to be used or operated, any
radio, television, stereo, compact disc player, musical instrument or other
machine or device for the producing, reproducing or amplification of sound
with louder volume than is necessary for convenient hearing for the person or
persons who are voluntary listeners thereto."
(The audibility standards for the illegality of the sound are not changed, and
the entire text of Chapter 75 can be accessed by members in our files section)
Also passed was an amendment that would hold the human voice to the
same audibility standards for illegality as amplified sound. I must admit that I
disagree with this, though it appeared to me at Thursday's meeting that I was
in the minority. I believe that this amendment warrants further thought and
discussion, with the possibility of some recommendations for fine-tuning.
Here is the text:
No person shall make, continue, or suffer or permit to be made or continued,
and the owner and the person in control of a motor vehicle and the person in
control of a premises shall not suffer nor permit to be made or continued, any
excessive noise. It shall be prima facie evidence of a violation of this section
if noise emanating from any source, including, but not limited to, voices or
other sounds caused or emitted by humans is:
(1) Audible beyond the property line of the premises from which it emanates
between the hours of 10:00 p.m. and 8:00 a.m.
(2) Audible at a distance of 50 feet beyond the property line of the premises
from which it emanates between the hours of 8:00 a.m. and 10:00 p.m.
(3) Audible at a distance of 50 feet from the source if emanating from a public
street, public park, or other public place.
(The text proceeds to list exemptions such as events with permits, etc. More
on this later.)