Killeen should tone down noise fines Posted On: Sunday, Nov. 1 2009 05:53 AM A good city ordinance is one that has "teeth" in it. But in the case of one Killeen statute, it's more like fangs.

Drivers who are issued citations for violating the city's noise ordinance can expect to pay a hefty fine — $569, to be exact.

The staggering penalty has come as a surprise to many drivers, especially since the city's ordinance reads that the person who violates the ordinance is subject to a fine of "not less than $100, nor more than $2,000."

That's the language that was approved by the Killeen City Council when the ordinance was adopted.

But the city's municipal judge subsequently set the fine at an automatic $500, plus $69 in court costs. And the fine for a second violation is a whopping $1,000, plus court costs.

By contrast, Belton's across-the-board noise violation fine is $193, and Temple's fine ranges from $240 to $260.

But Killeen is not alone at the top — Harker Heights also levies a $500 fine for noise violations.

Given the nature of the misdemeanor infraction, Killeen's fines for loud car stereos — especially $1,000 for a second violation — are overly punitive.

Drivers who run red lights at any of Killeen's camera-monitored intersections are fined only $75, even though those violations potentially could result in injury or death.

Using cell phones while driving in the city's school zones also has potentially serious consequences, but the city's fine is capped at $200 per infraction.

Driving at excessive speeds is another threat to public safety, but citations for speeding in Killeen start at $75 plus $102 in court costs.

Of course, a speeding ticket can cost drivers much more, depending on how fast they're traveling at the time of the citation — and deservedly so.

But there is no such sliding scale in the case of loud music violations. The $569 fine is assessed whether the driver's stereo is putting out 85 decibels or 105 decibels. Just being "a little too loud" isn't part of the equation.

Another problem is the sometimes subjective nature of the statute's enforcement. Patrol officers have acknowledged that they don't always use a noise meter to determine whether a vehicle is in violation of the ordinance. Issuing a citation based on perception rather than empirical data opens the city up to potential legal challenges.

Most importantly, however, is the hardship caused by the imposition of costly fines, especially in a difficult economy. At a time when many individuals are living paycheck-to-paycheck, fines of $569 or $1,069 can result in unpaid bills, unmet medical needs and even repossession or foreclosure.

With Killeen's police officers facing the challenges of providing public safety and needed services for a rapidly growing population, riding herd on noisy car stereos would seem to be a low priority.

Still, excessive noise can be a considerable problem, and it is the city's responsibility to enforce the ordinances that prohibit disturbing the peace.

But in all instances, the punishment should fit the crime. A noise citation should be a slap on the wrist, not a blow to the head.

Killeen is in the process of selecting a new municipal judge. Whoever is chosen should take time to re-examine the noise ordinance and its attendant fines. The City Council would be well served to do the same.

In the meantime, the city's patrol officers should consider giving more warnings, rather than high-cost citations.

It's not wrong for the city to send a message to noise ordinance violators.

But that message doesn't need to be quite so loud.