Noise in the City
By Chief J. Campos
In this article I will discuss the laws and issues associated with the various noise complaints and comments fielded by the City of Clemson Police Department and its officials. First and foremost, please understand that the law requires a police officer must observe a potential noise violation in person in order to issue a citation. Recordings and citizen statements are not legally sufficient for a citation of a noise violation. All officers have discretion when deciding whether or not to charge in these situations.
The most common of the complaints are for vehicle noise. According to South Carolina Code of Laws Section 56-5-520 states, “Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle upon a highway. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes and smoke.” Based on what is emphasized in the italics, an Officer has to determine the noise being produced is excessive or unusual as well as sustained. This analysis is subjective and there isn’t a standard like a speed limit to use to make this determination. Officers have been instructed that if the vehicle’s exhaust noise is louder than other vehicles on the road at the time, it is a good indication that the noise is excessive and can be cited for such. The penalty for a noise citation under the State Law is a fine not to exceed $232.50 and no points are assessed against their license. This does not stop the violation, force a correction, and only allows that the driver be cited with the same fine each time cited.
The City of Clemson has a municipal Noise Ordinance under Chapter 13 Section 10. A copy of this ordinance can be accessed on the city’s website. The link is listed under Departments – Municipal Court – City Ordinances. It states “Excessive noise means any noise that violates the prohibitions of the noise ordinance but is not subject to an exception to the ordinance. Excessive noise includes, but is not limited to, 1) Any unreasonably loud or raucous noise within the city limits; or 2) Any noise which is plainly audible at or beyond the property boundary on which the noise is being produced and which is of such a volume, nature, intensity, duration, location, timing, and/or repetition that a reasonable person of ordinary sensibility would find that it interferes with the comfortable enjoyment of life and/or property by another person; or 3) Any noise measuring 90 decibels or more that can be heard at a distance over 100 feet from the source, lasting more than 1 minute continuously, or over 5 minutes intermittently. 4) Any noise produced at such a time or in such manner as to otherwise violate this section. Excessive noise is hereby declared to constitute a nuisance.” There are many provisions and prohibitions listed in the ordinance. The complete ordinance is used to determine if a violation has occurred. The burden of proof is proof beyond a reasonable doubt.
If you are experiencing issues of excessive noise, call the police department’s non-emergency number at 864-624-2000. Often when our officers respond to a complaint, the source of noise is not obvious or has ceased. To ensure the officer knows exactly what you hear, please leave your name and number and tell our dispatcher you would like to speak to the responding officer. It may be as simple as the noise you are hearing may be louder in the back of your house versus the front. This type of information is needed to properly address a situation. If an officer responds and the situation continues, please call back and report it as soon as it happens. If you are unsatisfied with the resolution, you can ask to speak with a road supervisor.