Motorcyclists love it; residents tire of it; law enforcement hears plenty about it: Excessive noise.
Last week, a Rapid City Journal story took a look at motorcycle mufflers and the ongoing issue of loud motorcycles. The issue is noise from motorcycles with altered or after-market mufflers and the impact that has on noise produced. State law calls for mufflers to alleviate excessive noise. But there's no way to measure "excessive." That just doesn't make sense.
Is noise from cars, motorcycles and car stereos the top issue in South Dakota? While some would argue that during the rally it is, we would have to disagree.
No, bigger issues are alcohol and drug related fatalities on the state's roads, crime and the related problems it brings to the Native American population, and illegal drugs like methamphetamine destroying users one by one.
But excessive noise is an issue and the Legislature's failure to adequately address it is another.
The problem today is the wide array of after-market mufflers that can be bought at cycle shops or online. Those mufflers take a decent-sounding motorcycle and amp up the noise considerably. Technically, often there's no law being broken which makes enforcement difficult.
We don't think current statute really gives law enforcement the ability to adequately address noise complaints. Noise is so subjective that one person's excess is fine for another person. For a statute to have any merit, a decibel level has to be attached to it to give a measurable way for law enforcement to judge noise.
South Dakota doesn't have a subjective DUI law - officers (and more importantly the judge) knows exactly how much is too much and with that can get drunk drivers off the roads.
A statute which gives law enforcement a measurable way to gauge "excessive" noise would help considerably. Frankly, law enforcement has too much to do with limited time and resources to address every noise complaint. Noise isn't the state's top issue and, because of that, a law making it easier to enforce would be in order.
We understand this is a rally state and the impact that event has on the state and we'll point out the rally is not what is driving noise concerns. No, noise is almost a year-round issue in the Black Hills.
If the South Dakota Legislature is serious about controlling excessive noise, it needs to address the issue with real legislation. The muffler law is enforceable but if the intent of the law is to control noise (after all, what is a muffler for?) then it's not being met.
Noise is a little like cigarette smoke - it has a tendency to get in everyone's space. Remember what happened when second-hand smoke became the public's issue? All of a sudden smokers were in the back room, in a hallway or all the way outside.
Second-hand noise? The comparison might not be too far off base. When noise becomes a public nuisance it might just become public enemy number one.
