Berk Dual Muffler Delete Municipal Code?

[davidchoi]

I live in a condo in SoCal (Burbank/Glendale) and one of my neighbors in the building left a letter complaining about the noise of my car.

I have a Berk dual exit muffler delete and I'm genuinely pretty conscious of the noise of my car around the building. The letter said if my car isn't modified to meet the code, the anonymous neighbor will proceed with his or her tithe against my vehicle.

Is there anything I can do or am I going to have to switch back to my stock muffler?

The municipal code the person referred to is:
9-3-212: SOUND SUPPRESSION ON GASOLINE AND GAS ENGINES:
No person having charge or control of any engine in which gas, gasoline, distillate or other similar substance is used as a motive power, shall run or operate such engine without having the exhaust pipe thereof connected with an underground air chamber or having attached to such exhaust pipe a muffler or other device so constructed as to deaden the sound of the exhaust of such engine and effectually prevent such exhaust from making any loud noise or disturbing the peace and quiet of persons in its vicinity. This section shall apply to the engine of a motor vehicle only if its exhaust equipment is not regulated by State law. [Formerly Numbered Section 21-35; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

[Malt]

Obviously if one of your neighbors has left a letter one of a couple things is going on:

#1: You might not be as conscious of the sound level around your building as you might think.
#2: You've done something to piss a neighbor off and he/she is taking this as a reason to take retribution.
#3: You've got a neighbor that doesn't particularly care for overly loud exhausts. Yes, muffler deletes are overly loud...

Most likely its one of those three options. Personally I don't understand how people run muffler deletes. The car is already pretty loud with headers and a cat back exhausts and I can't imagine how annoyingly loud it would be with no muffler at all. But hey, maybe it's just me and I'm an "old fuddy duddy".

Personally I like to think of it this way. If I had young children/baby, would the loudness of this exhaust wake them up every single time I cranked it up to leave in the morning? If so then you're probably pissing your neighbors off and I'd swap back. You don't want to be "that guy" in the neighborhood. Leave the muffler deletes/test pipes for the track.

As for a recourse, if your neighbor takes it to the next level the only action you will have available is to put the muffler back on or get a fix-it ticket. Not sure how anal the police are about stuff like this where you live, but here you would definitely get a ticket.

[davidchoi]

Originally Posted by Malt

Obviously if one of your neighbors has left a letter one of a couple things is going on:

#1: You might not be as conscious of the sound level around your building as you might think.
#2: You've done something to piss a neighbor off and he/she is taking this as a reason to take retribution.
#3: You've got a neighbor that doesn't particularly care for overly loud exhausts. Yes, muffler deletes are overly loud...

Most likely its one of those three options. Personally I don't understand how people run muffler deletes. The car is already pretty loud with headers and a cat back exhausts and I can't imagine how annoyingly loud it would be with no muffler at all. But hey, maybe it's just me and I'm an "old fuddy duddy".

Personally I like to think of it this way. If I had young children/baby, would the loudness of this exhaust wake them up every single time I cranked it up to leave in the morning? If so then you're probably pissing your neighbors off and I'd swap back. You don't want to be "that guy" in the neighborhood. Leave the muffler deletes/test pipes for the track.

I go in neutral into my garage everytime. There's a Ferrari that lives in my building that's a lot louder than my car.

The muffler delete is the only thing I've done to the exhaust. I have that a CAI and a Unichip. So it's not as loud as you might think.

I left several notes about cars regularly parking in my spot (due to laziness and I know it's my parking neighbors that do this) so it might be some vendetta from that?

What constitutes as a sound deadening device? Obviously my muffler, but does having the rest of my exhaust stock count for anything?


I'm thinking of leaving a note in the common area saying it's stock exhaust, I'll try to be quieter, thank the person for leaving a note and that ill be more conscious of the noise hoping that works.

[Kelbyat07]

In California, I heard they are the strictest state against modified exhausts because of the emission regulation. If I were you, drive even "quieter" or sell me your exhaust. Thank you.

[Malt]

Originally Posted by davidchoi

I go in neutral into my garage everytime. There's a Ferrari that lives in my building that's a lot louder than my car.

The muffler delete is the only thing I've done to the exhaust. I have that a CAI and a Unichip. So it's not as loud as you might think.

I left several notes about cars regularly parking in my spot (due to laziness and I know it's my parking neighbors that do this) so it might be some vendetta from that?

What constitutes as a sound deadening device? Obviously my muffler, but does having the rest of my exhaust stock count for anything?


I'm thinking of leaving a note in the common area saying it's stock exhaust, I'll try to be quieter, thank the person for leaving a note and that ill be more conscious of the noise hoping that works.

Unfortunatly, it doesn't matter, nor do the police care if another car is louder than yours. If they get a complaint about you specifically then that is what they will investigate. If they find you in violation then they may or may not take action.

I've heard 86's with muffler deletes, yes they are as loud as I think they are. Its possible you are just used to the sound. Remember that your neighbors can hear you quite a ways away from where your building is. You might be putting it in neutral and coasting into your garage, but if you are gagging it the first corner after your neighborhood then it sounds just like you are next to the building (especially on cold mornings/nights).

Maybe it is someone with a vendetta, but unfortunately it won't matter because you can't prove it and its not like it matters anyway. If the law says you have to have a muffler and you don't, you are in the wrong.

A sound deadening device is just that, a sound deadening device. What do you think a judge would think a sound deadening device is. I'll give you a hint, its called a muffler. If you got a ticket for that most likely the judge isn't going to care if the rest of your exhaust is there. Then again if its just a local ordinance then they definitely won't care, you'll just have to pay up.

Leaving a note might work, or it might backfire because someone obviously knows you don't have a muffler and its not stock. Lying about it won't do you any favors if they do take further action. My suggestion is to put your muffler back on or get a catback exhaust that isn't excessively loud and maybe your neighbors will leave you alone. Keep the muffler delete for the track and put it on for those events. In the end, you knew it was for off road use only and chose to install it anyway. You are going to do what you want to do but I can tell you that living around a bunch of people that are pissed with you isn't fun.

OR, you could ignore it as it could be someone that won't follow through with calling the cops. My guess is that is not the case in this situation because if they have researched the actual section that you are in violation of, they probably have already called them and its only a matter of time before you've got bigger issues than just a note being left on your car.

[davidchoi]

Originally Posted by Malt

Unfortunatly, it doesn't matter, nor do the police car if another car is louder than yours. If they get a complaint about you specifically then that is what they will investigate. If they find you in violation then they may or may not take action.

I've heard 86's with muffler deletes, yes they are as loud as I think they are. Its possible you are just used to the sound. Remember that your neighbors can hear you quite a ways away from where your building is. You might be putting it in neutral and coasting into your garage, but if you are gagging it the first corner after your neighborhood then it sounds just like you are next to the building (especially on cold mornings/nights).

Maybe it is someone with a vendetta, but unfortunately it won't matter because you can't prove it and its not like it matters anyway. If the law says you have to have a muffler and you don't, you are in the wrong.

A sound deadening device is just that, a sound deadening device. What do you think a judge would think a sound deadening device is. I'll give you a hint, its called a muffler. If you got a ticket for that most likely the judge isn't going to care if the rest of your exhaust is there. Then again if its just a local ordinance then they definitely won't care, you'll just have to pay up.

Leaving a note might work, or it might backfire because someone obviously knows you don't have a muffler and its not stock. Lying about it won't do you any favors if they do take further action. My suggestion is to put your muffler back on or get a catback exhaust that isn't excessively loud and maybe your neighbors will leave you alone. Keep the muffler delete for the track and put it on for those events.

OR, you could ignore it as it could be someone that won't follow through with calling the cops. My guess is that is not the case in this situation because if they have researched the actual section that you are in violation of, they probably have already called them and its only a matter of time before you've got bigger issues than just a note being left on your car.

Hm thanks for your input.
Before I switch back I think ill head down to the police station and ask if my muffler delete is okay. Apparently my local police station is actually pretty nice about car modding questions and applauds that behavior.

[Malt]

Originally Posted by davidchoi

Hm thanks for your input.
Before I switch back I think ill head down to the police station and ask if my muffler delete is okay. Apparently my local police station is actually pretty nice about car modding questions and applauds that behavior.

Good luck! And I'm sure you know this, but I'd be EXTREMELY careful pulling into the station. The last thing you want to do is tell on yourself with a loud ass exhaust and walk away with a ticket when trying to do the right thing. They are probably going to tell you to put the muffler back on, but who knows.

Either way, you are probably best to extend the distance away from your building where you are taking it easy.

[canu_50]

Muffler are part of the exhaust system to regulate the emission and sound. If you don't have those, then you are agains the law.

I think that you pulling up to the police station is a bit stupid.. don't get me wrong.. but you know you are againts the law and then go ask the cops if it's ok..

If you ask yourself if it is legal... then it's probably not...

[davidchoi]

Originally Posted by canu_50

Muffler are part of the exhaust system to regulate the emission and sound. If you don't have those, then you are agains the law.

I think that you pulling up to the police station is a bit stupid.. don't get me wrong.. but you know you are againts the law and then go ask the cops if it's ok..

If you ask yourself if it is legal... then it's probably not...

I wasn't planning on driving up for those obvious reasons. I live walking distance from the station so I'd walk in as someone interested in buying the part. Some people at my old school got their mods pre approved by someone working in the station in writing before actually purchasing anything so they're used to it.

[Seattle944t]

Originally Posted by davidchoi

Hm thanks for your input.
Before I switch back I think ill head down to the police station and ask if my muffler delete is okay. Apparently my local police station is actually pretty nice about car modding questions and applauds that behavior.

California's exhaust laws state that it is illegal to modify your exhaust to make it louder. So, yeah, you are illegal there isn't anything to question about it.

The law your neighbor quoted is about things like generators and not cars.
The car laws are here:
http://www.leginfo.ca.gov/cgi-bin/di...le=27150-27159

27150. (a) Every motor vehicle subject to registration shall at all
times be equipped with an adequate muffler in constant operation and
properly maintained to prevent any excessive or unusual noise, and
no muffler or exhaust system shall be equipped with a cutout, bypass,
or similar device.

And

27151. (a) No person shall modify the exhaust system of a motor
vehicle in a manner which will amplify or increase the noise emitted
by the motor of the vehicle so that the vehicle is not in compliance
with the provisions of Section 27150 or exceeds the noise limits
established for the type of vehicle in Article 2.5 (commencing with
Section 27200). No person shall operate a motor vehicle with an
exhaust system so modified.

So either make up with your neighbor or put your stock exhaust back on because you are going to be ticketed.

[davidchoi]

Originally Posted by Seattle944t

California's exhaust laws state that it is illegal to modify your exhaust to make it louder. So, yeah, you are illegal there isn't anything to question about it.

The law your neighbor quoted is about things like generators and not cars.
The car laws are here:
http://www.leginfo.ca.gov/cgi-bin/di...le=27150-27159



And


So either make up with your neighbor or put your stock exhaust back on because you are going to be ticketed.

Hm interesting. Is there any exhaust that's technically legal then?
In California*

[Seattle944t]

Originally Posted by davidchoi

Hm interesting. Is there any exhaust that's technically legal then?
In California*

Only the ones that are SAE tested to be 95db or less. AFAIK only Tanabe medalion systems are rated this way:
http://www.tanabe-usa.com/touringmedalion.asp?id=7

[davidchoi]

Originally Posted by Seattle944t

Only the ones that are SAE tested to be 95db or less. AFAIK only Tanabe medalion systems are rated this way:
http://www.tanabe-usa.com/touringmedalion.asp?id=7

How annoying. I need to move haha.

[Tim_Asphalt_FRS]

The cops are technically supposed to have a dB meter to measure anything they think may be above 95 dB.

Modifying an exhaust after the catalytic converter is not illegal as long as it isn't above 95 dB. That is state regulation. It outweighs any municipal code.

If you feel the need to, contact the SEMA action network. www.semasan.org They represent the interest of motor vehicle enthusiasts at the state and national level. They may be able to tell you how to proceed.


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