Exhaust Ticket Response from Fargo PD
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Response from fargo police department:
Noise Complaints
There has been a recent increase in vehicles equipped with after market exhaust systems which are illegal under city ordinance. These illegal engine exhausts are sold throughout the city however are illegal after they are installed and driven on city streets. After numerous recent noise complaints the Fargo Police department and the Traffic Safety Unit will be focusing on noise related ordinances. These ordinances include; 8-0908 and 8-0317. The purpose of this increase awareness and enforcement is to gain compliance to these ordinances and address the concerns of citizens. Any questions about enforcement efforts in this area should be directed to Sgt. Michael Mitchell
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and my response to them:
Thank you for your response. I have included the two city ordinances that you referenced
8-0908. Mufflers required--Cutouts prohibited.--No person shall drive a motor vehicle on any
street or highway unless such motor vehicle is equipped with a muffler, together with any necessary
extensions, pipes or resonators, in good working order and in constant operation to prevent excessive
and unusual noise and annoying smoke. Such exhaust system shall operate to blend the exhaust noise
into the over-all vehicle noise. No person shall use a “muffler cutout”, “bypass” or similar device on any
motor vehicle upon the streets or highways in the city. The exhaust system shall not emit or produce a
sharp, popping or cracking sound, nor shall it emit or produce loud or explosive noises.
Source: 1965 Rev. Ord. 8-0908, 1553 (1973).
---and---
8-0317. Racing and exhibition driving on streets, alleys and public ways .--
A. No person shall engage in exhibition driving of any vehicle on a highway, street,
alley, sidewalk, public way, or any public or private parking lot or area within
the city of Fargo, nor shall any person engage in a speed competition, race,
drag race, acceleration contest, test of physical endurance, or exhibition of
speed or acceleration on any highway, street, alley, sidewalk, public way, or
any public or private parking lot or area within the city of Fargo, nor shall any
person in any manner participate in any such race, drag race, competition,
contest, or exhibition.
B. The following definitions shall apply to the interpretation and enforcement of this
ordinance:
- “Drag race” means the operation of two or more vehicles from
a point side by side at accelerating speeds in a competitive
attempt to outdistance each other; or the operation of one or
more vehicles over a common selected course, from the same
to the same point, for the purpose of comparing the relative
speeds or powers of acceleration of such vehicle or vehicles
within a certain distance or time limit.
- “Exhibition driving” means driving a vehicle in such a manner
that it creates or causes unnecessary engine noise, tire squeal,
skid or slide upon acceleration, braking or stopping; or that
causes the vehicle to unnecessarily turn abruptly or sway; or
driving and executing or attempting one or a series of
unnecessarily abrupt turns.
- “Race” means the use of one or more vehicles in an attempt to
outgain, outdistance, or to arrive at a given distance ahead of
another vehicle or vehicles; or the use of one or more vehicles
to willfully prevent another vehicle from passing the racing
vehicle or vehicles or to test the physical stamina or endurance
of the person or persons driving the vehicles over a long
distance driving route.
C. Nothing in this ordinance shall be construed as prohibiting drag racing,
exhibition driving, racing or similar events when carried out in an organized
manner on a track or other privately owned area specifically set aside and used
solely for such purposes by drivers of motor vehicles, including sn owmobiles.
Source: 1965 Rev. Ord. 8-0317, 1653 (1975).
Can you please point the part in there were it says that adding an aftermarket exhaust is unlawful? I agree that driving in a manner that causes excessive noise or is found to be racing or driving in a manner described under the exhibition driving portion is and should be a punishable offense. However, just because someone has changed to a different style of exhaust other than OEM should not automatically qualify said individual as having violated the law and/or city ordinances. If that is the case, nearly every car that is over 15 years old should be ticketed, as it is likely that they have changed their mufflers from the OEM (Ford/GM/Dodge/Honda/Etc...) due to rust or other defects to that of an aftermarket exhaust(Flowmaster for example) at a Muffler shop or other form of mechanics garage.
What I want to know is this: I no longer possess the factory exhaust that came with my car. I ordered and had installed an exhaust from a well known exhaust manufacturer who is listed as CARB (California Air Regulatory Board) legal for street use. It also has passed DOT standards. From what I can tell, it meets all of the above city ordinances. However from your document that you forwarded to me, it is illegal because it is aftermarket. If I drive my car on the streets of fargo (in a respectful manner...not exhibition/racing/etc), am I subject to a fine just for having this exhaust?
Thank you for your time today.
Chuck Schwan
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Chuck, If you have your car idling next to a stock exhaust equipped WRX, can you hear your car over the other one? If so, then it probably doesn't "blend the exhaust noise, into the overall vehicle noise", because you have already drown out the other car's sound. Just my observation.
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that may be the only thing argument they can make. However, it could be argued that the only noise that a car makes at idle at a stand still is through the exhaust therefore all exhaust noise counts as vehicle noise. Nowhere in there does it say that the noise has to be the same as stock, only that it must blend with the overall noise of the vehicle. If thats what they are going for, then define blend. Merriam-Webster defines it as: to prepare by thoroughly intermingling different varieties or grades. That doesn't really narrow down what they are looking for as by the nature of any exhaust it will blend with the cars noise as it IS the cars (primary) noise when not moving.
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what if I swapped a V8 into my subie and the resulting sound was no louder than a stock corvette (for example) but WAS louder than my WRX is normally. Would I be in violation of the exhaust law?
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tjamz wrote:
that may be the only thing argument they can make. However, it could be argued that the only noise that a car makes at idle at a stand still is through the exhaust therefore all exhaust noise counts as vehicle noise.
Until you listen to the air intake, the pulleys spinning, any ticking the motor makes....I just went and listened to my work vehicle('02 Windstar), and I couldn't even hear exhaust. Mainly intake and engine noises. -
tjamz wrote:
what if I swapped a V8 into my subie and the resulting sound was no louder than a stock corvette (for example) but WAS louder than my WRX is normally. Would I be in violation of the exhaust law?
Why would you want to do that and make a WRX fast?
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good points on both issues there Ethan. Still doesn't answer my question regarding if the swap made the car louder, should it be ticketed, even though it is the same level as other cars with a similar motor.
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btw, I'm enjoying this debate with Ethan, he always makes me think.
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ok. the real problem here isnt the noise. it is a few older people who dont like kids with there loud "race" cars. they start whinin and then there are a few cops who dont really like it eaither, so it all works out they have a reason to go after them. when was the last time you heard of a truck, it does happen but rarely. or even better have u ever heard of a harley or any other motorcycle getting pulled over for their exhaust. NO
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why do u say that, how many cops do u think say and heard u that night. I was just in Fargo today and saw a cop every few miles. Every other block i saw someone who had ileagal exhaust in some way, performance that was too loud, exhaust leak that was too loud, trucks that were too loud. how come none of those cops cared and pulled any of them over. because they dont care thats why
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im not just saying this because i hate cops either. cops are great, they are needed otherwise there would be chaos.
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Jared Balow wrote:
why do u say that, how many cops do u think say and heard u that night. I was just in Fargo today and saw a cop every few miles. Every other block i saw someone who had ileagal exhaust in some way, performance that was too loud, exhaust leak that was too loud, trucks that were too loud. how come none of those cops cared and pulled any of them over. because they dont care thats whycops every other block huh.......did you not read the forum or any of the forums on here. Noise is the biggest complaint. what other reason would they be targeting exhaust modifications.......
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99slowGSX wrote:
cops every other block huh.......did you not read the forum or any of the forums on here. Noise is the biggest complaint. what other reason would they be targeting exhaust modifications.......i guarantee a v8 truck with straight pipes or a harley is louder than 99% of the 'speed racers' getting pulled over. if noise is the biggest complaint, theyre sure pulling over the wrong people.
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amicheze wrote:
i guarantee a v8 truck with straight pipes or a harley is louder than 99% of the 'speed racers' getting pulled over. if noise is the biggest complaint, theyre sure pulling over the wrong people.
I disagree.Low tone cars (v8's) carry more, but I wouldn't say they are significantly louder.
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its the same where i live. the cops will all the sudden pull over a few people with performance exhaust saying people are complaining. but what about the chopper that is behind me and yet i can hear his shit over mine. im not saying all cops or even that many are doing this but some are. you know if someone with a bike got pulled over you would hear about it because it never happens.
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