The Buffalo News : City & Region

Monday, July 6, 2009

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Updated: 07/23/08 07:44 AM

Franczyk seeks to lower the boom on ear-shattering vehicles in city

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Vehicles that shatter neighborhood tranquility by blaring monster stereo systems could be impounded or “booted” under a plan unveiled Tuesday by Buffalo Common Council President David A. Franczyk.

It’s patterned after a new law in Sarasota, Fla., where police will soon start towing the vehicles of noisy motorists. Lucius Bonner, a police captain in Sarasota, said he has been getting calls from around the nation.

“People are saying you can write all the tickets you want. It’s just not a deterrent,” said Bonner, adding that enforcement there will begin in September.

But the head of a national group that represents car stereo retailers warned if Buffalo tries to target specific types of audio systems, it could face a lawsuit. Barry Vogel, president of the Indianapolis- based Mobile Enhancement Retailers Association, was troubled by Franczyk’s repeated mention of “monster” car stereos and “mega- decible audio systems.” Any new law couldn’t ban specific sound systems, he said.

“I can promise you that constitutionally, that would get struck down,” said Vogel, who sells car audio systems for vehicles in Oswego.

Franczyk has abandoned an earlier idea that would have banned certain types of car stereos. Any new restriction would focus on noise levels, he vowed. Offenders could see their cars towed or — at the least — “booted” with a device that would prevent them from being moved until the case is resolved.

Franczyk said he doesn’t buy Vogel’s claim that stereo stores want customers to use systems responsibly.

“These businesses traffic in human misery,” said Franczyk.

Proposed laws will be discussed in committee later this summer. Masten Council Member Demone A. Smith said he supports Franczyk’s crusade to crack down on noisy vehicles.

“They play X-rated music, driving up and down the street,” Smith lamented.

In the last regular meeting before the summer recess, lawmakers also endorsed a plan that would ban smoking within 50 feet of all public playgrounds, including areas in parks that are primarily used by children.

Delaware Council Member Michael J. LoCurto said the restriction would be most effective if it was imposed throughout Erie County. LoCurto said he has received complaints from people who worry about the effects of secondhand smoke. But no smoking ban could be imposed unless lawmakers approve a follow-up ordinance.

In other action:

• The Council asked the state to impose a moratorium on new lottery outlets in Buffalo and to investigate prize payout rates. Smith said he sponsored the bill after a series in The Buffalo News disclosed that the state-sponsored lottery pays the least amounts in prizes for games that are most popular in the poor neighborhoods. The bill supports a push by some state lawmakers for a moratorium on new lottery outlets and an overhaul of prize payouts.

• Lawmakers approved a plan to sell a city-owned lot on West Ferry Street to La Nova Pizzeria for expanded parking. The sale has been controversial because some neighborhood residents have been pushing to have the lot turned into green space. One resident wants to buy the lot to expand his yard. Others have talked about turning it into a community garden. Voting against the sale were David Rivera, whose Niagara District includes the West Ferry neighborhood, and NorthCouncil Member Joseph Golombek Jr.

• The Council reaffirmed its support of a plan asking the state to weaken the powers of Buffalo’s control board. Lawmakers said the city has already balanced numerous budgets and witnessed increases in its bond rating.

• Lawmakers unanimously approved a plan to name the plaza at the downtown baseball stadium in honor of the late James D. Griffin, the city’s longest- tenured mayor.

• Brian A. Reilly won unanimous confirmation as economic development, permit and inspection services commissioner. The Buffalo native has been tapped by Mayor Byron W. Brown to make the department more business-friendly.

bmeyer@buffnews.com


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