From: Gregory Dagge
To: Meredith Matthews; Stacy Atkins-Salazar; Alex Stillman; Kimberley White; Sarah Schaefer; Tabatha Miller; David Loya; Rhea Varley; Merritt Perry; Engineering Dept; Emily Sinkhorn; Jennifer Dart Subject: CITY OF ARCATA SPECIAL CITY COUNCIL MEETING STUDY SESSION 5al Goals Public Safety Date: Thursday, February 26, 2026 11:32:46 AM
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Re: Ongoing Failure to Enforce Vehicle Muffler Noise Laws and Non‑Compliance with State Noise Element Requirements
Dear Mayor, Councilmembers, and City Leadership,
I am writing once again to express my profound concern—and growing alarm—over the City of Arcata’s continued and complete failure to enforce California’s vehicle muffler noise laws and to comply with the Noise Element requirements mandated under Government Code Section 65302(f). After more than four years of repeated outreach, documented correspondence, and direct conversations with City staff, the City has taken zero enforcement actions and has conducted no required noise measurements, despite being fully staffed in the police department for over two years.
This is not a matter of preference or policy discretion. It is a matter of legal obligation, public health, and accurate state reporting.
Documented History of Non‑Enforcement
Since early 2022, I have repeatedly contacted the City Council, the City Manager, the Arcata Police Department, and planning staff regarding persistent and worsening vehicle noise violations—particularly from modified exhaust systems on H Street, 16th Street, G Street, K Street, and Alliance Road. These streets are classified as primary arterial and major streets, which places them squarely within the Noise Element monitoring requirements.
In March 2022, Mayor Stacy Atkins‑Salazar acknowledged the severity of the problem and confirmed that APD was not enforcing the law due to staffing shortages. She stated that enforcement might resume once the department was rebuilt.
Four years later, APD is fully staffed. Yet the City continues to enforce 0% of the state’s muffler noise laws, despite Vehicle Code §§27150–27151 clearly prohibiting modified or excessively loud exhaust systems and despite the 2019 update making violations a “fix‑it” ticket—one of the least resource‑intensive enforcement tools available.
The City’s inaction is now a matter of record.
Failure to Comply with Government Code §65302(f)
The California General Plan Guidelines require cities to:
• Measure and quantify actual noise levels on primary arterial and major streets. • Update Noise Element data using real measurements, not outdated assumptions. • Monitor and research noise pollution as an environmental and public health factor.
Arcata has not conducted a citywide noise measurement in 27 years. The Draft EIR for the Gateway Area Plan relies on modeling based on 1997 data, rather than current, real‑world measurements. Modeling without measurement is speculation—not compliance.
This failure renders the City’s Annual Report to the State of California inaccurate, and it places Arcata out of compliance with both CEQA and the General Plan Guidelines.
A modern Noise Study—conducted with long‑term sound meters placed on Arcata’s major streets—is not optional. It is required by law.
Public Health and Safety Impacts
Noise pollution is the second‑largest environmental health threat after air pollution. The scientific literature is unequivocal: chronic exposure to excessive noise increases the risk of:
• cardiovascular disease
• hypertension
• sleep disruption
• hearing loss
• heart attacks
• cognitive impairment and behavioral issues in children Arcata’s failure to enforce noise laws and failure to measure noise levels directly undermines public health.
Compounding this, Humboldt County leads the nation in fatal crashes involving impaired drivers. Excessively loud vehicles are often associated with reckless driving, modified engines, and other high‑risk behaviors. Noise enforcement is not cosmetic—it is a safety intervention.
A Pattern of Avoidance, Not a Lack of Capacity
Over the past Four years, I have spoken and emailed City Council members, the City Manager, and department leaders countless times. The City has offered explanations, delays, and expressions of sympathy—but no action.
The City can no longer claim lack of staffing.
The City can no longer claim lack of awareness.
The City can no longer claim compliance with state law.
This is now a matter of will, not capacity.
Requested Actions
I respectfully request that the City Council and City leadership take the following immediate steps:
1. Direct APD to begin enforcing Vehicle Code §§27150–27151, including issuing fix‑it tickets for modified or excessively loud exhaust systems.
2. Commission a 2024 Noise Study using actual long‑term sound measurements on Arcata’s primary arterial and major streets.
3. Correct the City’s Annual Report to the State to reflect the absence of required noise monitoring and enforcement.
4. Ensure that the Gateway Area Plan EIR includes real, current noise data, not projections based on 27‑year‑old measurements.
5. Publicly report enforcement statistics for noise violations on a quarterly basis.
These actions are not extraordinary. They are the minimum required to comply with state law and to protect the health and safety of Arcata residents.
Conclusion
The City of Arcata’s ongoing refusal to enforce noise laws and its decades‑long failure to conduct required noise measurements represent a serious breach of public trust and a violation of state mandates. Residents have the right to a reasonably quiet environment, and the City has a legal duty to ensure it.
I urge the Council to act decisively and immediately. Continued inaction is no longer defensible.
Sincerely,
Gregory Daggett
Six cities in California have agreed to participate in a pilot program using sound activated cameras to catch cars and motorcycles that exceed legal noise limits. The cities involved in this program have not been publicly disclosed yet. The camera will take a photo of the vehicle's license plate if it exceeds the decibel limit. The California noise meter program uses sound-activated cameras to monitor and enforce noise limits for vehicles. Here's how it works:
The California noise meter program uses sound activated cameras to monitor and enforce noise limits for vehicles.
1. Detection: The cameras are equipped with microphones that detect the noise levels of passing vehicles.
2. Measurement: If the vehicle exceeds the legal noise limits, the camera captures an image of the vehicle's license plate.
3. Ticketing: The Image is then used to issue a citation to the vehicle owner, similar to how a red light camera works.
Potential Impact
The program aims to reduce noise pollution, which can have several positive effects. * Improve Quality of Life: Lower noise levels can lead to a quieter environment, reducing stress and improving overall well-being for residents.
* Health Benefits: Chronic exposure to high noise levels is linked to various health issues, including hearing loss, sleep disturbances, and cardiovascular problem: Reducing noise pollution can help mitigate these health risks.
* Environmental Benefits: Quieter streets can contribute to a more pleasant urban environment, encouraging outdoor activities and community interaction.
California has strict laws regarding vehicle exhaust noise to manage pollution and ensure public health.
California Muffler Car Noise Law
1. Muffler Requirement. Every motor vehicle subject to registration must have an adequate muffler in constant operation and properly maintained to prevent excessive or unusual noise.
2. Noise Limits
3. Exhaust Modifications: It is illegal to modify the exhaust system in a way that amplifies or increases the noise emitted by the motor. This includes installing devices like "whistle-tips" that emit high-pitched noises.
Law Enforcement
1. Bureau of Automotive Repair. (BAR) The BAR oversees enforcement of these laws. They ensure vehicles comply with the legal noise limits.
2. Fix-It Tickets: Previously, violators received "fix-it tickets", allowing them to correct the issue within a specified time frame. However, since the introduction of Assembly Bill 1824 in 2019, fines are issued outright.
3. Fines: Law enforcement officers issue citations on the spot for non-compliant vehicles.