astoria or bicentennial columbia river

Speeding

(1) The Problem: The speed limit on residential streets in Oregon is 25 MPH. However in Astoria, drivers are free to drive at speeds of up to 35 MPH or more without fear of receiving speeding citations. The Astoria Police Department’s (APD) enforcement practice and policy in 25 MPH residential zones is to not issue speeding citations until vehicle speeds exceed 35 MPH.

APD’s lax policy on speed limit enforcement is particularly worrisome considering vehicle and pedestrian safety issues caused by limited visibility on Astoria’s very hilly streets and blind intersections. Pedestrian crossing problems are made worse because of the aggressive attitude of speeding drivers. Visually impaired persons crossing streets such as 16^th Street have a dangerous and scary experience.

Considering the APD’s lax policy in enforcing speed limits, it was not surprising to read that a pedestrian was hit by a car at the intersection of 18th Street and Exchange with such impact that the pedestrian was thrown onto the hood of the car ("Pedestrian Flies Off Hood of Car"; Daily Astorian; 5-3-07).

(2) APD’s Tolerant Policy On Speeding: By policy and practice, the APD does not issue speeding citations in 25 MPH residential zones until speeds reach or exceed 35 MPH. As a result of complaints from ALN, the APD made an effort to monitor traffic speeds and vehicle noise on 16^th Street during a two week period in October 2006. Chief Deu Pree summarized the results as follows:

“… regular police officers spent 14.92 hours over 9 days in unmarked vehicles with the intention of taking enforcement action. … During our focused effort, one citation was issued to a driver for going 37 mph ... While, as I mentioned at our meeting, I do not debate that vehicles speed on 16th Street and that some vehicles produce noise that disturbs the residents, our efforts have found only two of the hundreds of vehicles that travel 16th Street violated either speed or noise laws.”

ALN note: One speeding citation was issued & the one noisy vehicle observed was not cited.

Chief Deu Pree’s statement that only one vehicle violated speed laws demonstrates the APD’s continual failure to cite vehicles traveling less than 35 MPH. APD e-mails regarding the Traffic Speed & Noise Project (see APD Traffic Speed & Noise Project below) documented numerous instances of vehicles speeding in the 30-35 MPH range that were not cited. During one two hour period, an officer observed 24 vehicles traveling between 30 & 34 MPH and two vehicles traveling between 35-40 MPH. None of the drivers of these vehicles were cited, and according to Chief Deu Pree’s philosophy on issuing speeding citations, these vehicles were not violating speed laws. This exemplifies the APD’s continual disregard for the law³, and its lack of concern for safety in Astoria’s residential neighborhoods.

(3) APD Doublespeak —Speed Limit Enforcement is Different in Astoria: During an October 2006 telephone conversation between Police Chief Deu Pree and an ALN member, the Chief lectured on the concept of basic speed law. He explained that:

· a 25 MPH zone in Astoria is not the same as a 25 MPH zone in Portland;

· there is officer discretion to not issue a ticket in Astoria, but not in Portland;

· in Portland an officer can ticket a speeder going 26 MPH in a 25 MPH zone, but not in Astoria.

(4) Chief Deu Pree’s Explanation For Speeding Citation Policy: Frustrated by the failure of the APD to not cite drivers until vehicle speeds exceed 35 MPH, the ALN e-mailed Chief Deu Pree the following question on 11/13/06:

“Based on your e-mails and previous APD correspondence, it appears that APD does not issue speeding citations in a 25 MPH zone, such as 16th street, until vehicle speeds exceed 35 MPH. Why is APD allowing speeders 10 MPH tolerance?”

Chief Deu Pree replied:

“The 10 to 15 mph over the prima fascia speed is generally allowed by officers state-wide. It is caused by consideration of the level of proof required by the Basic Rule, what the Courts have shown they will allow and the officer's observations of the driving conditions. We also know that most vehicle speedometers are not precise when new, and that such things as age, new or special tires and mechanical work, or the lack thereof, impact accuracy. Some consideration is occasionally given to those factors.”

(5) Basic Speed Rule vs. Speed Limits: When explaining why the APD would not issue citations for vehicles traveling 26-35 MPH (or even 40 MPH) Chief Deu Pree often stated that judges may dismiss citations for vehicles traveling at such speeds because of the basic speed rule⁷.

The ALN felt Chief Deu Pree’s explanation was inconsistent with ORS 811.108 (Relationship Between Speed Limits & Basic Rule) and ORS 811.111 (Violating A Speed Limit) and asked for clarification:

“Would you explain the rationale for this (dismissal of citations because of basic rule) when considering ORS 811.108 and ORS 811.111? After reading these two statutes, it seems that the basic rule does not allow drivers to travel over the 25 MPH speed limit.” [12/1/06 e-mail]

Chief Deu Pree refused to clarify the inconsistency:

“I believe we have spent a great deal of time and effort trying to address your concerns, and those of a few other neighbors, with noise and traffic on 16th Street. Additionally, we have tried to offer explanations of police practices and use of the law, both via e-mail and in meetings. In these conversations we have been talking about what we will and will not do in accordance with our established practices and our experience. Your question here asks for a legal explanation of certain statutes. We are not lawyers and can not become involved in this kind of discussion.” [12/04/06 e-mail]

(6) Chief Deu Pree’s Doublespeak: In addition to not answering our questions, Chief Deu Pree backed away from his previous statements about the APD’s policy of allowing a 10+ MPH tolerance (40% over speed limit) for speeding in a 25 MPH zone:

“To be clear with you, however, on the matter of traffic enforcement related to your complaints: we will not write traffic tickets to people driving a few miles over 25 MPH on 16th Street under normal conditions.” [12/04/06 e-mail]

This was the first time in over a year of discussions regarding speeding that the APD tolerance on speeding was only “a few miles over” the speed limit.

The Chief’s statement is inconsistent with data derived from a review of citations issued (see below - ALN Review of Citations Issued); nor is it supported by communications regarding the traffic speed & noise project (see below – APD Traffic Speed & Noise Project) and a vehicle speed survey (see below - APD Vehicle Speed Survey). ALN believes Chief Deu Pree backpedaled from his previous policy and came up with his new “a few miles over” policy as a result of ALN pressure.

(7) Clarification From City Attorney: Because Chief Deu Pree could not or would not clarify how ORS 811.108 and ORS 811.105 are used in traffic speed enforcement, the ALN asked City Manager Benoit to refer the issue to the City Attorney. City Attorney Dan Van Thiel replied:

“The law simply put, from my perspective, is that a police officer can indeed cite you under ORS 811.111 for driving 26 mph in a 25 mph zone, as noted also if you are driving 26 mph in a 25 mph zone, that is “prima-facie” evidence of a violation of ORS 811.100.”

(8) Councilor Henningsgaard: In a November 2006 meeting Councilor Henningsgaard agreed with ALN members that there was a speeding problem in residential areas, but Henningsgaard said “tickets are the wrong way to go” in solving the speeding problem. Councilor Henningsgaard had no solution to solve the problem.

In December 2006 ALN e-mailed Henningsgaard, and asked the questions:

“(1) How does the City Council define ‘a few miles over 25 MPH?’ & (2) Does the City Council agree with the APD policy/practice of not issuing citations in 25 MPH residential zones until speeds exceed 35-40 MPH?”

Two months later, Councilor Henningsgaard finally replied:

“The City Council does not set APD enforcement policies – these policies are determined by staff and available resources …. I am not trying to duck your questions but as a council we will not micro-manage any city departments”.

(9) Councilor Roscoe: During a January 2007 phone conversation, while discussing APD’s failure to enforce the speed limit in residential areas, Councilor Roscoe told an ALN member that “the City Council can’t tell the police department what to do”.

(10) City Manager Benoit: During an October 2006 meeting with three ALN members, City Manager Benoit described the ALN petition (asking the City Council to acknowledge the problem of speeding & noisy vehicles and work towards a solution) as a “feel good” petition that “means nothing”.

(11) Traffic Calming Policy – Astoria Traffic Safety Committee: Regarding the problem of speeding, the Astoria Traffic Safety Committee stated:

“Police enforcement of the speed laws can be a very effective tool. If drivers do not receive any discouragement from speeding, many will travel as fast as they feel it is safe to travel.” [November 27, 2000]

This is the exact point the ALN has been trying to convey to Chief Deu Pree, City manager Benoit and the City Council for over a year. Allowing vehicle speeds of up to 35 MPH and more without issuing citations is hardly enforcement of speed laws and only encourages speeding.

Excessive Vehicle Noise

(1) The Problem: Noise pollution caused by modified (to increase exhaust noise) or defective mufflers and excessively loud vehicle sound systems (boom cars)¹⁰ is a growing problem in Astoria. These noisy automobiles, SUVs, pick-up trucks and motorcycles make as much or more noise as large trucks or buses, and are heard from blocks away. Besides being annoying and disruptive, such vehicles cause direct and cumulative adverse health effects. The right to quiet is a fundamental human right. The ALN has urged the City of Astoria to take action in order to stop this dangerous trend and protect the health and well-being of its residents. To date, the City has taken no effective action in keeping Astoria and its streets livable and quiet.

(2) APD’s Failure to Enforce Vehicle Noise Laws: By its own admission, the APD does not enforce Oregon’s or Astoria’s vehicle noise laws. The APD doesn’t even own a sound (decibel) meter which is necessary for enforcing ORS 815.250 (2)(c). ORS 815.250 (2)(c) makes it an offense to operate a motor vehicle that does not meet certain noise emission standards.

As a result of complaints from the ALN, the APD made an effort to enforce ORS 815.250 (Operation Without Proper Exhaust System) during a two week period in October 2006 (see below – APD Traffic Speed & Noise Project). Because the APD does not own a sound meter, it had to borrow one.

During the project the APD noted only one vehicle exceeding the noise level allowed by statute, and did not cite the driver of the noisy vehicle. The effort to enforce noise statute ORS 815.250 was doomed from the start. The APD did not follow the proper methodology required by ORS 815.250, and any APD reported results are meaningless.

Because of “traffic volume” the APD could not catch and did not cite the one vehicle that, under the APD erroneous methodology, violated ORS 815.250. Whether the APD’s failure to follow the proper methodology was caused by lack of officer training or other reasons is unclear. The bottom line is that the APD did not, and could not, properly enforce ORS 815.250.

(3) Passing The Buck: In discussions with the ALN, Police Chief Deu Pree and City Manager Benoit made efforts to pass on the APD’s responsibility for enforcing vehicle noise laws to citizens by suggesting that ALN members issue “citizens arrests” by reporting license numbers of offending vehicles to the APD. In such instances, the name of the complaining party is public record and available to the person cited.

(4) City Manager Benoit: During an October 2006 meeting with three ALN members, City Manager Benoit described the ALN petition (asking the City Council to acknowledge the problem of speeding & noisy vehicles and work towards a solution) as a “feel good” petition that “means nothing”.

ALN Review of Citations Issued – March 2007

In March 2007 ALN performed a review of speeding and noise citations issued by the APD during the 14 month period from January 2006 through February 2007:

· No citations were issued for excessive vehicle noise caused by exhaust or audio systems.

· Of the 253 speeding citations, only 41 were issued in residential areas. Of the 41 residential citations, 30 were issued along 7^th Street. Therefore, despite public complaints about speeding vehicles, only 11 citations (less than one citation per month) were issued in all other residential areas of Astoria (8^th Street, 16^th Street, Irving Avenue, Niagara Avenue, etc.).

· In 25 MPH residential areas, no speeding citations were issued for speeds of less than 35 MPH. One citation was issued for 35 MPH, and the 40 other citations were issued for speeds of 37 MPH or more⁴.

· In 25 MPH residential areas, the average vehicle speed recorded on speeding citations was 40.6 MPH⁴.

APD Traffic Speed & Noise Project – October 2006

· Duration: 11 days

· Location: 16th Street

· Purpose: To monitor traffic with the intention of taking enforcement action.

· APD Time Spent: 17.92 hours total. Three hours of that time, over 3 days, was involved in monitoring speed and noise without enforcement; regular police officers spent 14.92 hours over 9 days in unmarked vehicles with the intention of taking enforcement action.

· APD Stated Results: One citation was issued to a driver for going 37 mph and one vehicle was found that exceeded the noise level allowed by statute.

· APD Conclusion: Some vehicles produce noise that disturbs the residents, our efforts have found only two of the hundreds of vehicles that travel 16th Street violated either speed or noise laws.

· ALN Analysis of Results - Speeding: APD e-mails regarding the Project documented numerous instances of speeds in the 30-35 MPH range that were not cited. During a 110 minute period, one officer observed 24 vehicles traveling between 30 & 34 MPH and two traveling between 35-40 MPH. None of the drivers of these vehicles were cited. [Note: The APD stopped e-mailing ALN detailed information after the first day when the officer reported the 26 instances of speeding in less than two hours.]

· ALN Analysis of Results - Noise: The APD’s effort to enforce noise statute ORS 815.250 was doomed from the start. APD did not follow the proper methodology required by ORS 815.250¹, and any APD reported results are meaningless.

· ALN Conclusion - Speeding: The failure to cite any of the drivers traveling in the 30-35 MPH range demonstrates Chief Deu Pree’s and the APD’s disregard for speed laws³, a lack of honestly in dealing with the public, and a lack of concern for the residential neighborhoods.

· ALN Conclusion - Noise: Whether the APD’s failure to follow the proper methodology required by ORS 815.250¹ was caused by lack of officer training or other reasons is unclear. The bottom line is that the APD did not, and could not, properly enforce ORS 815.250, and any conclusions or statements made by Chief Deu Pree are misleading and incorrect.

· ALN Conclusion – Overall: From the point of view of monitoring traffic and taking enforcement action, the APD wasted 17.92 hours of taxpayer’s time and money.

APD Vehicle Speed Survey – August 2006

During two days in August 2006, an APD police assistant conducted a two hour vehicle speed survey on 16^th Street between Franklin & Jerome Streets. In a letter summarizing the results, Assistant Police Chief Oja wrote:

“Only one vehicle was traveling faster than 35 MPH, and it was clocked at 38 MPH. What all of this means is that that one vehicle out of 373 was traveling at such a speed where a citation would have been appropriate”.

This was the first indication to the ALN that APD was not issuing speeding citations in residential areas until speeds exceeded 35 MPH.

Residential Streets: Short Cuts For Non-Residents

A large number of the speeding and noisy vehicles are owned by persons living outside of the City of Astoria. These persons routinely use Astoria’s residential streets as shortcuts across town. ALN provided the APD license numbers of vehicles that were frequently speeding or creating excessive exhaust noise along 16^th Street. The APD provided ALN with general information as to where the owner’s of these vehicles live. Seventy-eight percent of the vehicle owners live outside the City of Astoria.

Observations Made By ALN & Astoria Residents

1. Airborne vehicles at 16^th & Irving.

2. Speeding vehicles frequently bottoming-out at 16^th & Grand and on 14^th Street.

3. Vehicles racing down adjacent streets in order to pass a speed-limit- abiding driver on 16^th, & 15^th and Niagara Streets.

4. Failure to yield to pedestrians (including groups of school children from Star of the Sea School) trying to cross 16^thStreet.

5. Excessively noisy vehicles belonging to businesses licensed in the City of Astoria (for example, Morris Glass (modified exhaust); R.J. Kiepke Construction (modified exhaust); Bee Line Roofing (modified exhaust); Danny Hull Construction (excessively loud exhaust & exhibition of speed); local cab companies (noisy, loud exhaust). Solution: Create a city ordinance requiring vehicles of businesses licensed to do business in Astoria to have unmodified and properly working exhausts.

6. Drag racing along Niagara Street.

7. Vehicle alarms going off as vehicles with loud exhausts drive by.

8. Traffic speed and noise have increased considerably over last ten years.

9. Buses and City vehicles speeding on 16^th Street.

10. Twenty-two (22) collisions on 16^th Street between 2002 and 2005 (Astoria City Engineer).

Other Thoughts

· The reality of noisy vehicles speeding along Astoria’s hilly streets is not compatible with Astoria’s image of a beautiful historic town.

· Architectural restrictions on historic buildings make it difficult for homeowners to use high-tech sound proof windows to fight vehicle noise.

City of Astoria’s Failure to Serve Public

Noisy vehicles are speeding through the residential areas of Astoria as a result of the failure by the City Council and Mayor to establish priorities and policy to protect the safety and quality of life of Astoria’s residents. The City Manager has failed to properly oversee the Chief of Police and the police department. These failures can be partially attributed to the City Council and City Manager choosing to believe half-truths and misleading statements made by Police Chief Deu Pree rather than citizen’s complaints:

Speeding:

Chief Deu Pree makes statements implying APD is reasonably enforcing the 25 MPH residential speed limit, and that the APD will not ticket people driving a few miles over the limit.

The documented truth is that APD does not issue speeding citations in 25 MPH residential areas until vehicles exceed speeds of 35 MPH or more. Chief Deu Pree’s statement is a departure from previous APD statements that APD does not ticket until speeds reach or exceed 35 MPH. In addition, (1) the Traffic Speed and Noise Project performed by the APD, (2) the ALN Review of Speeding Citations and (3) the Vehicle Speed Survey performed by the APD clearly document that the APD does not issue speeding tickets in residential areas until speeds reach or exceed 35 MPH.

Excessive Vehicle Noise:

Chief Deu Pree’s position on vehicle noise is that there is no verifiable problem and no evidence of vehicles causing excessive or unreasonable noise. On this issue, the Chief has been adversarial from the first meeting with the ALN. Deu Pree has stated that his officers are not trained to determine if a muffler is defective or loud, and therefore cannot and do not enforce any subjective vehicle noise laws that use such terms as “good working order”, “unnecessary”, “loud”, “unreasonable noise”, or “reasonably necessary”. The Chief stated that the APD does not cite drivers for having defective mufflers because APD officers do not have the training or a way to judge that a muffler is noisy, defective or not in good working order. In addition, the APD does not own a decibel meter, and therefore is unable to enforce objective (decibel based) noise laws such as ORS 815.250 (2)(c).

Chief Deu Pree’s negative attitude on enforcement of subjective vehicle noise laws is not shared by other law enforcement agencies. ALN communications with Clatsop County Sheriff’s office and ODOT support ALN’s contention that it is normal police work to stop and issue citations on vehicles with obviously noisy or defective exhausts.

Enforcing ORS 815.250 during the Traffic Speed & Noise Project was doomed from the start because the APD did not follow the proper methodology required by ORS 815.250¹. Whether this failure was caused by lack of officer training or other reasons is unclear. The bottom line is that the APD did not, and could not, properly enforce ORS 815.250, and any conclusion or statements made by Chief Deu Pree are either misleading or incorrect.

Conclusion

· The APD’s speed limit enforcement practices in residential areas are risky for the City of Astoria and dangerous for its residents and visitors.

· People driving excessively noisy vehicles have no respect for the rights of others, and are impacting the quality of life for Astoria’s residents. The ALN and residents of Astoria are frustrated by the failure of APD to enforce vehicle noise statutes.

Statutes, Ordinances, & References

Astoria City Code

Chapter 5.025 Unnecessary Noise – Paragraphs 3 & 10¹⁴

Astoria Traffic Safety Committee

Traffic Calming Policy (11/27/2000)

Oregon Revised Statutes:

ORS 811.100 – Violation Of Basic Speed Rule⁷

ORS 811.105 – Speeds That Are Evidence Of Basic Rule Violation⁸

ORS 811.111 – Violating A Speed Limit⁵

ORS 815.025 – Causing Unreasonable Noise With Vehicle⁹

ORS 815.232 – Unreasonable Sound Amplification From a Vehicle¹⁰

ORS 815.250 – Operation Without Proper Exhaust System¹¹

ORS 815.305 – Disconnection Or Alteration Of Pollution Control Equipment¹³

Department of Environmental Quality

Motor Vehicle Sound Measurement Procedures Manual (NPCS-21)

Footnotes

ORS 815.250 (2)(c) sets forth maximum noise levels in decibels based on a stationary test conducted at 25 feet in accordance with procedures²established by the Department of Environmental Quality (DEQ). Rather than follow the DEQ test procedures whereby the subject vehicle is stationary and the noise level is measured with the vehicle in a neutral gear and the throttle is fully open, the APD measured sound levels as vehicles drove by a police vehicle parked on the street. By not following the proper methodology, ORS 815.250 could not be properly enforced.

DEQ Motor Vehicle Sound Measurement Procedures Manual (NPCS-21).

Under ORS 811.111⁵ a person commits the offense of violating a speed limit if the person drives a vehicle at a speed greater than 25 MPH in (a) a zone posted 25 MPH or (b) a residential area. Under ORS 811.105⁸ driving in excess of 25 MPH in a 25 MPH zone is prima-facie evidence of a violation of the basic speed rule under ORS 811.100⁷.

These statistics show that Chief Deu Pree has communicated half-truths and misled the ALN and the City Council with his statement: “To be clear with you, however, on the matter of traffic enforcement related to your complaints: we will not write traffic tickets to people driving a few miles over 25 MPH ….”.

ORS 811.111 - Violating A Speed Limit:

A person commits the offense of violating a speed limit if the person drives a vehicle upon a highway in any city at a speed greater than a speed posted by authority granted under ORS 810.180 or, if no speed is posted, twenty-five miles per hour on a highway in a residence district if the highway is not an arterial highway.

ORS 811.108 - Relationship Between Speed Limits & Basic Rule:

The basic speed rule does not authorize speeds higher than those established as speed limits by ORS 811.111.

ORS 811.100 - Violation Of Basic Speed Rule:

(1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following: (a) The traffic; (b) The surface and width of the highway; (c) The hazard at intersections; (d) Weather; (e) Visibility; (f) Any other conditions then existing. (2) The following apply to the offense described in this section: (a) The offense is as applicable on an alley as on any other highway; (b) Speeds that are prima facie evidence of violation of this section are established by ORS 811.105⁸; (c) This section and ORS 811.105 establish limitation on speeds that are in addition to speed limits established in ORS 811.111. (3) Except as provided in subsection (4) of this section, violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as provided in ORS 811.109. (4) The offense described in this section, violating the basic speed rule, is a Class B traffic violation if the person drives a vehicle upon a highway at a speed that is not reasonable and prudent under the circumstances described in subsection (1) of this section even though the speed is lower than the appropriate speed specified in ORS 811.105 as prima facie evidence of violation of the basic speed rule.

ORS 811.105 - Speeds That Are Evidence Of Basic Rule Violation:

(1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 is prima facie evidence of violation of the basic speed rule under ORS 811.100. (2) If no designated speed is posted by authority granted under ORS 810.180, any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule: (a) Fifteen miles per hour when driving on an alley. (b) Twenty miles per hour in a business district. (c) Twenty-five miles per hour in any public park. (d) Twenty-five miles per hour on a highway in a residence district if: (A) The residence district is not located within a city; and (B) The highway is neither an arterial nor a collector highway. (e) Fifty-five miles per hour in locations not otherwise described in this section.

ORS 815.025 - Causing Unreasonable Noise With Vehicle:

(1) A person commits the offense of causing unreasonable noise with a vehicle if the person operates upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle. (2) The offense described in this section, causing unreasonable noise with a vehicle, is a Class D traffic violation.

ORS 815.232 - Unreasonable Sound Amplification From A Vehicle:

(1) A person commits the offense of causing unreasonable sound amplification from a vehicle if the person operates, or permits the operation of, any sound amplification system which is plainly audible outside of a vehicle from 50 or more feet when the vehicle is on a public highway or on premises open to the public, unless that system is being operated to request assistance or warn of a hazardous situation. (2) Subsection (1) of this section does not apply to: (a) Vehicles being operated outside of an urban growth boundary; (b) Emergency vehicles as defined in ORS 801.260; (c) Vehicles operated by utilities defined under ORS 757.005, 758.505 or 759.005, or telecommunications carriers as defined in ORS 133.721; (d) Sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution; (e) Audio alarm systems installed in vehicles; or (f) Federal Communications Commission licensed two-way radio communications systems. (3) As used in subsection (1) of this section, “plainly audible” means any sound for which the information content of that sound is unambiguously communicated to the listener including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible musical rhythms or vocal sounds. (4) The offense described in this section, causing unreasonable sound amplification from a vehicle, is a Class D traffic violation.

ORS 815.250 - Operation Without Proper Exhaust System; Exemptions; Penalty:

(1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section. (2) An exhaust system only meets the requirements of this section if all of the following apply: (a) The exhaust system must be in good working order. (b) The exhaust system must be in constant operation. (c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality¹². (3) This section does not apply to the following vehicles: (a) Vehicles of special interest that are registered under ORS 805.020 and that are: (A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or (B) Street rods that conform to ORS 815.107. (b) Road machinery, road rollers or farm tractors. (c) Antique motor vehicles that are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property. (4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to

comply with the requirements under this section. (5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation.

ORS 815.250 (2)(c) Noise Emission Standards:

Maximum Level

Vehicle type dBA Model Year

I. Motor vehicles

required to establish a

registration weight

under ORS 803.430

& commercial buses

94 ..................... before 1976

91...................... 1976 and after

II. Motorcycles & mopeds

94 ..................... before 1976

91 ......................1976 and after

89 ..................... after 1976

III. Motor vehicles

not described under I or II

92 .................... before 1976

88 ....................1976 and after

ORS 815.305 - Disconnection Or Alteration Of Pollution Control Equipment:

A person commits the offense of unlawful disconnection or alteration of pollution control equipment if the person does any of the following: (a) Disconnects or permits to be disconnected a factory installed motor vehicle air pollution control device or a factory-installed system, as defined in ORS 468A.350, or knowingly and willfully permits such device or factory-installed system to become or remain inoperative. (b) Modifies or alters a certified system or factory-installed system, as defined in ORS 468A.350, in a manner that decreases its efficiency or effectiveness in the control of air pollution. (2) The following exemptions to this section are established: (a) This section does not apply when factory-installed motor vehicle air pollution control equipment, systems or devices are disconnected for the purpose of conversion to gaseous fuels including, but not limited to, liquefied petroleum gases and natural gases in liquefied or gaseous form. (b) This section is not intended to prohibit the use of replacement, conversion, turbocharger or other alternative components in a certified or factory-installed system if the components do not significantly affect the efficiency or effectiveness of the system in controlling air pollution. (3) The offense described in this section, unlawful disconnection or alteration of pollution control equipment, is a Class A misdemeanor, but each day of violation does not constitute a separate offense.

Astoria City Code Chapter 5.025 – Unnecessary Noise (Paragraphs 3 & 10):

No person may make, assist making continue or cause to be made any loud, disturbing or unnecessary noise that annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others. Loud, disturbing or unnecessary noises in violation of this section include but are not limited to the following:

(3) Using a vehicle or engine, either stationary or moving, so out of repair, loaded or operated that it creates loud or unnecessary grating, grinding, rattling or other noise.

(10) Discharging in the open air the exhaust of a steam engine, internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke.