District Of Columbia 2025 2025-2026 Regular Session

District Of Columbia Council Bill B26-0115 Introduced / Bill

Filed 02/04/2025

                     
 
 
 
COUNCIL OF THE DISTRICT OF COLUMBIA 
OFFICE OF COUNCILMEMBER BROOKE PINTO 
THE JOHN A. WILSON BUILDING 
1350 PENNSLYVANIA AVENUE, N.W., SUITE 106 
WASHINGTON, D.C. 20004 
 
February 4, 2025 
 
Nyasha Smith, Secretary 
Council of the District of Columbia 
1350 Pennsylvania Avenue N.W. 
Washington, DC 20004  
 
Dear Secretary Smith, 
 
Today, I, along with Councilmember Brianne K. Nadeau, am introducing the Vehicular Noise 
Reduction Act of 2025. Please find enclosed a signed copy of the legislation.  
 
The purpose of the Vehicular Noise Reduction Act is to reduce vehicular noise in the District 	by 
(1) implementing a noise camera pilot program; (2) creating a vehicle repair subsidy program to 
offset costs of vehicle repairs; and (3) commissioning a DDOT and DOEE study on strategies to 
reduce vehicular and transit noise in the District.  
 Excessive vehicle noise, including noise caused by defective or altered muffler and exhaust systems and roadway noise from tires on pavement, is disruptive in myriad ways to District residents’ lives, including interrupting sleep;
 
creating noise barriers to communication in business, 
educational, and social settings;
 
and creating continuous, high levels of noise, commonly referred 
to as “noise pollution,” that can lead to various health and developmental issues. 
 
Noise pollution, both during the day and at night, has serious effects on District residents’ physical 
and mental health. Noise pollution is correlated to increased anxiety, depression, heart disease, 
cognitive impairments, and strokes. Continuous exposure to high noise levels can also bring about 
the “flight or fight” response within the body, triggering stress hormones that contribute to elevated 
blood pressure, accelerated heart rates, and disrupted digestive systems. Sleep interruption from 
loud and continuous noises can inhibit child development, learning, mood regulation, and optimal 
healing from injuries, even when a person is never actually awoken by the noise.   
 
Noise pollution from vehicles is also an equity issue in our city, as communities of color, 
immigrants, and people with low incomes are more likely to live near roadways with elevated and 
constant vehicular noise and 	are thus at greater risk of experiencing these negative health impacts.
 
 
This legislation, through its three-pronged approach, will aid in reducing vehicle noise in the 
District and provide an opportunity to understand further noise-reduction options that may be 
available to lower vehicular noise and improve equity, quality of life, and health for District 
residents, workers, and visitors.   
I previously introduced an identical version of this legislation in Council Period 25, B25-	0040. 
 
Should you have any questions about this legislation, please contact my Legislative Director	, Linn 
Groft, at lgroft@dccouncil.gov.  
 
Thank you, 
 
 
 Brooke Pinto 
Ward 2 Councilmember   1 
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Councilmember Brianne Nadeau                                                      Councilmember Brooke Pinto 4 
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A BILL 11 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15 
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To establish a noise camera demonstration project using acoustic imaging technology to identify 19 
violators of District motor vehicle noise law, to require reporting on the demonstration 20 
project to the Council, to set certain calibration requirements for a photo noise violation 21 
monitoring device, to require operator training for a photo noise violation monitoring 22 
device, to prescribe the parameters for the use of a photo noise violation monitoring 23 
device image, to state the evidentiary value of a photo noise violation monitoring device 24 
image, to conduct a study of vehicular and traffic noise-reducing strategies, and to 25 
establish a subsidy program for car repairs related to noise violations. 26 
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 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28 
act may be cited as the “Vehicular Noise Reduction Act of 2025”	. 29 
Sec. 2. Definitions. 30 
For the purposes of this act, the term:  31 
(1) “Decibel reader” means a measuring instrument used to assess noise or sound levels 32 
by measuring sound pressure expressed in decibel (dB) units. 33 
(2) “Motor vehicle noise limits” means the noise limits prescribed pursuant to 20 DCMR 34 
§ 2811. 35 
(3) “Operator of a photo noise violation monitoring device” means a natural or legal 36 
person authorized to set up, test, or operate the noise violation monitoring device described 37   	2 
herein. 38 
(4) “Photo noise violation monitoring device” means one or more mobile or fixed vehicle 39 
sensors installed to work in conjunction with one or more noise measuring apparatuses such as a 40 
decibel reader which automatically produces two or more photographs, two or more 41 
microphotographs, a videotape, or other recorded images of each motor vehicle at the time it is 42 
used or operated in violation of the motor vehicle noise limits pursuant to 20 DCMR § 2811. 43 
Sec. 3. Photo noise violation monitoring device program established. 44 
The District Department of Transportation (“DDOT”), in consultation with the 45 
Department of Energy and Environment (“DOEE”), shall establish a two-	year demonstration 46 
program of photo noise violation monitoring devices using acoustic imaging technology to 47 
identify violators of District motor vehicle noise law pursuant to 20 DCMR § 2811.  48 
Sec. 4. Violations authorization and fines. 49 
(a) The Mayor is authorized to use a photo noise violation monitoring device to detect 50 
noise violations. Proof of a violation may be evidenced by information obtained through the use 51 
of a photo noise violation monitoring device. 52 
(b) The Mayor shall impose a fine for a violation detected by a photo noise violation 53 
monitoring device. 54 
Sec. 5. Demonstration program implementation. 55 
As part of the implementation of the demonstration program, DDOT shall: 56 
(a) Conduct an acoustical engineering study to determine appropriate noise detection 57 
equipment and placement location options; 58 
(b) Consult with ward Councilmembers to determine best noise camera placement 59 
locations within their ward; 60   	3 
(c) Test photo noise violation monitoring devices to determine the most appropriate 61 
device for use in the District; 62 
(d) Provide a report to the Council describing how the placement of each noise detection 63 
device was determined; 64 
(e) Install signs giving notice to approaching motor vehicle operators where a photo 65 
noise violation monitoring device is in use; 66 
(f) Install at least 2 photo noise violation monitoring locations in each of the 8 District 67 
Wards; and 68 
(g) Collect appropriate data on the effectiveness of the photo noise violation monitoring 69 
devices. 70 
Sec. 6. Demonstration program reporting. 71 
One year after the effective date of this act and 60 days after the conclusion of the 72 
demonstration project, DDOT shall submit a report on the results of the demonstration program 73 
to the Council. The report shall include: 74 
(a) The locations where and dates when photo noise violation monitoring devices were 75 
used; 76 
(b) The total number of violations recorded by photo noise violation monitoring devices 77 
on a daily, weekly and monthly basis; 78 
(c) The total number of notices of violation issued for violations recorded by the installed 79 
devices; 80 
(d) The number of fines and total amount of fines paid after the first notice of violation 81 
issued for violations recorded by the devices; 82 
(e) The number of violations adjudicated and the results of such adjudications including 83   	4 
breakdowns of dispositions made for violations recorded by the devices; 84 
(f) The total amount of revenue realized by the District in connection with the program; 85 
(g) A cost-benefit analysis of the different types of technology tested pursuant to this act; 86 
(h) The expenses incurred by the District in connection with the demonstration program; 87 
and 88 
(i) A description of the quality of the adjudication process and its results. 89 
Sec. 7. Calibration requirements for photo noise violation monitoring devices. 90 
(a) No photo noise violation monitoring device shall be used unless it has undergone a 91 
calibration check performed pursuant to this section. 92 
(1) Each photo noise violation monitoring device shall undergo: 93 
(A) An annual calibration check performed by an independent calibration 94 
laboratory which shall issue a signed certificate of calibration; and 95 
(B) A successfully passed self-test of its functions on the day it is used to 96 
record a noise violation; 97 
(2) The department shall keep each annual certificate of calibration on file until 98 
the final resolution of all cases involving a notice of violation issued during the year which were 99 
based on photographs, microphotographs, videotape, or other recorded images produced by the 100 
photo noise violation monitoring device. 101 
(3) It shall be a defense to any prosecution for a violation of motor vehicle noise 102 
limits pursuant to this section that a photo noise violation monitoring device was malfunctioning 103 
at the time of the alleged violation. 104 
Sec. 8. Operator training for photo noise violation monitoring devices. 105 
(a) Operators of a photo noise violation monitoring device shall have completed training 106   	5 
in the procedures for setting up, testing, and operating the device. 107 
(b) Each operator shall maintain a daily camera log report for each device that states:  108 
(1) The date and time when, and the location where, the device was set up that 109 
day; and 110 
(2) That the operator successfully performed, and the device passed, the self-tests 111 
of the device before producing a recorded image that day. 112 
(c) The District shall retain each daily camera log report until the later of the date on 113 
which the photo noise violation monitoring device to which it applies has been permanently 114 
removed from use or the final resolution of all cases involving notices of violation issued based 115 
on photographs, microphotographs, video, or other recorded images produced by the device. 116 
Sec. 9. Use of a photo noise violation monitoring device image. 117 
(a) The demonstration program shall utilize necessary technologies to ensure to the 118 
extent practicable, that photographs, microphotographs, videotape, or other recorded images 119 
produced by a photo noise violation monitoring device shall not include images that identify the 120 
driver, the passengers, or the contents of the motor vehicle. 121 
(b) Notwithstanding subsection (a) of this section, no notice of violation issued pursuant 122 
to this section shall be dismissed solely because a photograph, microphotograph, videotape, or 123 
other recorded image allows for the identification of the driver, the passengers, or the contents of 124 
motor vehicles where the department shows that it made reasonable efforts to comply with the 125 
provisions of this paragraph in case. 126 
(c) Any photograph, microphotograph, videotape or other recorded image from a photo 127 
noise violation monitoring device shall be for the exclusive use of the District for the purpose of 128 
the adjudication of liability of the motor vehicle owner receiving a notice of violation, and shall 129   	6 
be destroyed by the department upon the final resolution of the notice of violation to which the 130 
photograph, microphotograph, videotape or other recorded image relates, or one year following 131 
the date of issuance of the notice of violation, whichever is later. 132 
(d) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a 133 
photograph, microphotograph, videotape, or other recorded image from a photo noise violation 134 
monitoring device shall not be available to the public, nor subject to civil or criminal process or 135 
discovery, nor used by any court or administrative or adjudicatory body in any action or 136 
proceeding therein except that which is necessary for the adjudication of a notice of violation, 137 
and no public entity or employee, officer or agent thereof shall disclose the information, except 138 
that a photograph, microphotograph, videotape, or other recorded image from a device: 139 
(1) Shall be available for inspection and copying and use by the motor vehicle 140 
owner and operator for so long as the photographs, microphotographs, videotape, or other 141 
recorded images are required to be maintained or are maintained by the public entity, employee, 142 
officer, or agent; 143 
(2) Shall be furnished for use in a criminal action or proceeding when described 144 
in a search warrant issued by a court authorized to issue a search warrant or a federal court 145 
authorized to issue a search warrant under federal law, where the search warrant states that there 146 
is reasonable cause to believe information constitutes evidence of, or tends to demonstrate that, a 147 
misdemeanor or felony offense was committed in this state or another state, or that a particular 148 
person participated in the commission of a misdemeanor or felony offense in this state or another 149 
state, provided, that if the offense was against the laws of another state, the court shall only issue 150 
a warrant if the conduct comprising the offense would, if occurring in this state, constitute a 151 
misdemeanor or felony against the laws of this state; and 152   	7 
(3) Shall be furnished for use in a criminal action or proceeding in response to a 153 
subpoena duces tecum signed by a judge of competent jurisdiction and issued pursuant the 154 
criminal procedure law or a judge or magistrate of a federal court authorized to issue a subpoena 155 
duces tecum under federal law, where the judge finds and the subpoena states that there is 156 
reasonable cause to believe the information is relevant and material to the prosecution, or the 157 
defense, or the investigation by an authorized law enforcement official, of the alleged 158 
commission of a misdemeanor or felony in the District or another state, provided, that if the 159 
offense was against the laws of another state, the judge or magistrate shall only issue a subpoena 160 
if the conduct comprising the offense would, if occurring in the District, constitute a 161 
misdemeanor or felony in the District; and 162 
(4) May be used in a criminal action or proceeding if lawfully obtained pursuant 163 
to this section and otherwise admissible. 164 
Sec. 10. Photo noise violation monitoring device image as evidence. 165 
(a) A certificate, sworn to or affirmed by a technician employed by the city, or a 166 
facsimile thereof, based upon inspection of photographs, microphotographs, videotapes, or other 167 
recorded images produced by a photo noise violation monitoring device, shall be prima facie 168 
evidence of the facts contained therein. 169 
(b) Any photographs, microphotographs, videotapes, or other recorded images 170 
evidencing a violation shall include at least two date and time stamped images of the rear of the 171 
motor vehicle that include the same stationary object near the motor vehicle and shall be 172 
available for inspection reasonably in advance of and at any proceeding to adjudicate the liability 173 
for the violation. 174 
Sec. 11. Vehicle and transportation noise-reducing strategies study and report. 175   	8 
In Fiscal Year 2026, DDOT, in consultation with DOEE, shall conduct a study on vehicle 176 
and other transportation-	related noise and identify and evaluate short-term and long- term 177 
strategies for reducing vehicle and other transportation-	related noise, including noise-reducing 178 
roadway material. DDOT shall provide a report to the Council within one year of enactment of 179 
this Act to include recommendations on the feasibility, efficacy, and environmental impact of the 180 
identified noise-reducing strategies as well as a cost-benefit analysis of identified strategies.   181 
Sec. 12. Vehicle repair subsidy program established. 182 
The Department of Motor Vehicles (“DMV”) shall create a non-means tested program to 183 
subsidize, in full or in part, the cost of repairing a vehicle to bring it within the motor vehicle 184 
noise limits pursuant to 20 DCMR § 2811. This program shall apply to: 185 
(a) Vehicles that are: 186 
(1) Registered in the District; 187 
(2) Registered in another jurisdiction to a person employed in the District; or 188 
(3) Registered in another jurisdiction but operated in the District for commercial 189 
or business purposes.  190 
(b) Vehicles that are in violation of the motor vehicle noise limits pursuant to 20 DCMR 191 
§ 2811, regardless of whether that vehicle has been assessed a fine pursuant to 192 
Section 4 of this Act. 193 
(c) Only the repairs necessary to reduce noise and bring the vehicle into compliance with 194 
the motor vehicle noise limits pursuant to 20 DCMR § 2811, including necessary 195 
repairs caused by: 196 
(1) Normal wear and tear; 197 
(2) Purposeful alteration, 198   	9 
(3) Outdated machinery or mechanics; or 199 
(4) Accidental damage. 200 
(d) Each eligible vehicle no more than once. 201 
Sec. 13. Waiver of fine. 202 
A photo noise violation fine shall be waived if the vehicle is brought into compliance 203 
with District motor vehicle noise law pursuant to 20 DCMR § 2811. 204 
Sec. 14. Rulemaking. 205 
Within 180 days of the effective date of this act, the Mayor shall promulgate rules to 206 
implement this act. The proposed rules shall be submitted to the Council for a 45-day period of 207 
review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council 208 
does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 209 
45-day review period, the proposed rules shall be deemed disapproved. 210 
Sec. 15. Applicability. 211 
(a) This act shall take effect subject to the inclusion of its fiscal effect in an approved 212 
budget and financial plan. 213 
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 214 
in an approved budget and financial plan, and provide notice to the Budget Director of the 215 
Council of the certification. 216 
(c) (1) The Budget Director shall cause the notice of the certification to be published in 217 
the District of Columbia Register. 218 
(2) The date of publication of the notice of the certification shall not affect the 219 
applicability of this act. 220 
Sec. 16. Fiscal impact statement. 221   	10 
The Council adopts the fiscal impact statement in the committee report as the fiscal 222 
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 223 
approved December 24, 1973 (87 Stat. 813; D.C. Official Code §l-206.02(c)(3)). 224 
Sec. 17. Effective date. 225 
 This act shall take effect following approval by the Mayor (or in the event of veto by the 226 
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 227 
provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 228 
24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of 229 
Columbia Register. 230