Description
What's the rule on ice cream truck music? There has been a truck circling the neighborhood for the past two hours now blasting Christmas music. I haven't even seen it come down my street, but its echoing everywhere through my house.
What's the rule on ice cream truck music? There has been a truck circling the neighborhood for the past two hours now blasting Christmas music. I haven't even seen it come down my street, but its echoing everywhere through my house.
24 Comments
J. (Guest)
Jo (Guest)
Closed City of Raleigh 3 (Verified Official)
Reopened Matt (Guest)
Closed City of Raleigh 3 (Verified Official)
This falls under the usual noise ordinance. Below are the specific provisions:
In addition to any other violations of this Code, the following acts are specifically declared to be unreasonably loud, annoying, frightening, loud and disturbing or unnecessary noise, the emission of which shall be unlawful. Such enumeration shall not be deemed to be exclusive:
(a)
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.
(b)
The use of any gong or siren upon any vehicle other than police, fire, ambulance or other emergency vehicles.
(c)
The playing of any radio, phonograph, amplifier, television, tape deck, tape recorder, or musical instrument in such a manner or with such volume during the nighttime hours as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or other type of residence.
(d)
The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.
(e)
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as warning of danger.
(f)
The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(g)
The erection (including excavating), demolition, alteration or repair of any building or other structure in a residential or business district other than between the hours of 7:00 a.m. and 8:30 p.m., except by permit from the building inspector when, in his opinion, such work will not create objectionable noise; upon complaint in writing of the occupant of property near the location of the work, the building inspector shall immediately revoke the permit and the work shall be immediately discontinued. The building inspector may permit emergency work in the preservation of public health or safety at any time.
(h)
The creation of any excessive noise on any street adjacent to any school, institution of learning or court, while the same are in session, or within one hundred fifty (150) feet of any hospital, which unreasonably interferes with the work of such institution or which disturbs or unduly annoys patients in the hospital.
(i)
The creation of loud and excessive noise in connection with loading or unloading any vehicles or the opening and destruction of bales, boxes, crates and containers.
(j)
The shouting and crying of peddlers, barkers, hawkers or vendors which disturbs the quiet and peace of the neighborhood.
(k)
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise.
(l)
The conducting, operating or maintaining of any garage or filling station, or the repair, rebuilding or testing of any motor vehicle in any residential district, so as to cause loud or offensive noises to be emitted therefrom during the nighttime hours.
(m)
The firing or discharging of firearms in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Police Department.
(n)
The creation of excessive noise by the operation of an airplane over the City by stunting, diving or otherwise operating an airplane for the purpose of advertising or otherwise.
(o)
No person shall keep or maintain, or permit the keeping of, on any premise, owned, leased; occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by habitual or frequent sound, cry, howling, barking, squawking, meowing or other noise, shall disturb the quiet, comfort or repose of any person.
(p)
The operation on public property or on public vehicular areas of any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, or vehicle in which it is located is prohibited and is a violation of this section.
The provisions of this section shall apply neither in the secondary fire district as described in §5-2034 of this Code nor on publicly owned sanitary landfill property.
Matt (Guest)
Reopened James (Registered User)
Adam Wade (Guest)
Closed Aaron (Guest)
Reopened James (Registered User)
Matt (Guest)
City of Raleigh 3 (Verified Official)
Matt (Guest)
Matt (Guest)
Acknowledged City of Raleigh 3 (Verified Official)
J. (Guest)
City of Raleigh 3 (Verified Official)
J. (Guest)
Matt (Guest)
Closed City of Raleigh 3 (Verified Official)
James (Registered User)
Reopened James (Registered User)
Closed City of Raleigh 3 (Verified Official)
RPD issued a warning on 4/3 to the operator of this vehicle. There is not much that can be done from a SeeClickFix standpoint, the monitors of SCF cannot react quickly enough. Someone needs to call 911 or the district station directly and comtemporaneously when the loud noise is ongoing. Reference the fact that RPD has previously been involved with this truck.
I will re-refer this to the Southeast District command, but chasing down ice cream trucks would not be a high work priority for law enforcement, although I would agree that this could be considered a quality of life issue. Any RPD response would be prioritized based on workload and calls for emergency services at that time. Sorry you were disturbed, but there is no rule, regulation, ordinance or statute that the police can use to prohibit an ice cream truck from driving on publicly owned streets. Closing issue in SeeClickFix.
Matt (Guest)
Seems to me that the best thing to do is to just ask the SE district to make contact with him again to reinforce that his noise is much too loud and much too disruptive. I understand how frustrating it is. He was down here for an hour today. Of course, since it's a low priority issue any RPD response is usually long after he leaves and then it becomes a cat and mouse game, which is certainly understandable given the great job our officers do.
It isn't possible to stop an ice cream truck from driving on the street. But I'd be willing to put my name down and swear to an accounting of his disruptions if it can get his charged for a violation of the noise ordinance. Hearing him three neighborhoods down is a little much.
Is that an option if it comes to it?