Pop goes the weasel! Now shut the hell up
suburbia September 4th, 2007
This weekend while trying to relax my crooked back after my high-heeled shoe fiasco, I almost drifted off to a glorious sleep when I was shaken out of my calm by our stupid neighborhood ice cream man.
Now, I know I’m going to get shot down hard for saying this, but there is a special place in hell for ice cream truck drivers who play the same tune over and over again. A lot of people don’t mind the music at all. I’m not one of them. This guy only occasionally rings the bell, which I do find quite charming and nostalgic. It’s when he plays the same song on loop that I want to run out there and throw spike strips under his wheels and smash his speakers with a very large mallet.
I suppose it wouldn’t be all that bad if it wasn’t the particular song he’s playing. Wanna feel my pain? He came down the street just a minute ago and I managed to hide behind some bushes and stuff to get the shot. Go ahead, I dare you to click this.
Seriously, just imagine that over and over, and LOUD, and it just doesn’t stop and you want to rip your hair out!!! I’ve considered going outside with a fistful of cash, then buying up all his inventory so he HAS to leave. But then he’d realize there’s a market for ice cream on my street, and that’s not what we want now, do we?
There is precedence for silencing noise menaces, so I know I’m not the only one who’s annoyed. Boston’s trying to have it banned. And you might have heard about the guy in Jim Thorpe, PA, who can’t stand his courthouse neighbors who play show tunes five times a day from their bell tower carillon. He’s since backed off his lawsuit, but I stand with him on principle. All he wants is a little peace.
I could almost stand it if Ice Cream Guy weren’t driving his Cartoon Mobile down our street on Sundays. I don’t know who I’m angrier at, him or the thoughtless neighbors who mow the lawn for three hours. Doesn’t anyone consider Sunday a day of rest anymore? Or am I just that old-fashioned?
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September 5th, 2007 at 10:46 pm
One of my neighbors had a mechanical “chime” that was set off by any kind of motion. Evidently it was meant to chase away certain birds that were attracted to their yard. It would go off at all times of the day and night. It was most annoying on beautiful afternoons when a person might have his windows open to enjoy the summer breezes. It took a full year of complaining by two of the neighbors most affected by the sounds.
I would be mortified if someone had to tell me that something of mine was disturbing the peace. In fact, I would never have anything so intrusive, since I am considerate of my neighbors! Apparently the “chimeowner” never had to be subjected to his own nuisance, since the noise traveled away from his house. How nice for him!
Thanks for letting me unload…
ann
September 5th, 2007 at 10:58 pm
Hey, we all gotta stick together. I just wish people would stop buying the stuff! If there’s no market, he’ll go away!
It’s just like the telemarketers. If no one bought their crap, they’d be out of business.
September 5th, 2007 at 11:09 pm
Gosh, I hate that. One time, me and my friend got ice cream. Guess what it was playing? It’s A Small World. Yes, that annoying song with the creepy dolls.
September 7th, 2007 at 3:09 pm
Oh my God, I am with you! It just occured to me that maybe the Gun Shop owners could have have won their argument about the supposed shutdown if there were an open season on ice cream trucks!
September 7th, 2007 at 5:49 pm
A.D. — What’s interesting is that the guy who’s IN the truck has to hear it for his entire shift. As I filmed him, the thought occurred to me. How does he stand it? He must wear a headset or something. No way a human could put up with that for more than a half hour.
At least summer’s almost over and he won’t be bothering us for a while.
September 10th, 2007 at 8:08 pm
i have the same problem in my neighborhood in nazareth. i think the ice cream man knows when i’m taking a nap because that seems to be the only time he drives by my house.
September 10th, 2007 at 10:10 pm
Anon,
Yeah, nap time is pretty sacred to me. I can sleep through the planes overhead (I’m just under the ABE flight path), but I awake instantly if the ice cream guy is a block away. No rest for the weary.
November 23rd, 2007 at 2:44 pm
Well, of course I’d rather rummage through the Junk Drawer than work. Yeah, I feel your pain. I always have a stab of nostalgic joy when I first hear the ice cream truck, but it quickly turns to rage after hearing the song over and over and over.
November 23rd, 2007 at 10:21 pm
J.D. — What I wish they’d do is replace the music with a good old fashioned bell. Makes enough noise, sounds much more pleasant, and I don’t have to kill people.
January 6th, 2008 at 2:36 pm
hi, Kathy,
I just found your blog when doing a search on ice-cream truck noise. I live in Ft. Pierce, FL and here ice-cream truck amplified jingles are an irritating source of noise pollution. Today is Sunday … After a difficult night sleeping, this morning I finally drifted off into a deeper sleep … and wouldn’t you know it, before 11 a.m. I started to hear those annoying ice-cream truck loud-speakers. There were two different vendors, circling around the streets. I don’t know who is buying ice-cream before noon on Sunday, but apparently some are.
The problem is that none of vendors obey the law … They are not legally supposed to amplify the system so that it can be heard more than 300 ft away, which is about one block distance. They play it so that it can be heard several blocks away … up to a half mile, so one hears it for long periods of time as they wind in and out of the streets.
I used to live in Arlington, MA in the 1980s and there the ice-cream truck guy would just ring a bell. It was a pleasant sound and since it was acoustic, not amplified, it is more harmonious with our nervous systems.
I would not mind the vendors if they were limited to the acoustic bells. In some areas, like Rochester, NY, they are. Thanks for posting on this issue. The soundscape is a resource and people too frequently ignore this aspect of our environmental well-being.
January 6th, 2008 at 5:17 pm
Susan N. — I’m glad you found my story. I hope it helped you to know you’re not the only one in pain. It just hit me that some people have to be subjected to this noise nearly year-round. I’m at least only subjected to it in the summer. But Floridians and others have to hear it all the time. You have my sympathies. I once wrote a letter of complaint to the ice cream truck company, but never mailed it because I don’t want to be known as the woman who hates kids and ice cream. I don’t. But it would have looked that way.
March 20th, 2008 at 2:11 pm
I have a question, is it considered soliciting when driving through private subdivisions? When there is a sign at the front of the neighborhood that says “no soliciting”?
March 20th, 2008 at 2:55 pm
RatherNotSay — Good question. I checked my township “Peddling and Soliciting” code. Here’s the first part of it:
“It shall be illegal for any person, association, partnership, firm or corporation to engage in peddling, canvassing, selling, soliciting or taking of orders, either by sample or otherwise, for any goods, wares, services or merchandise from house to house or upon any of the streets or sidewalks within the Township, unless he or she shall have first obtained a permit from the Township Zoning Officer.”
So the part about “…upon any of the streets” makes me think the ice cream man needs a permit. He might. But that would say nothing of the noise he makes. That’d be covered under the noise ordinance, part of which follows:
“Noise which disturbs.
No person, while on public or private grounds located within the Township … shall willfully make or assist in the making of any noise or diversion, including but not limited to noise emanating from automobile horns, engine whistles, bells, sirens, radios, amplifying systems, animals, or otherwise, which disturbs or tends to disturb the peace or good order of the citizens of the Township…. For the purpose of this chapter, “noise” is defined as the presence of a sound or sounds of such intensity, duration, frequency or character which annoy, disturb, or cause or tend to cause adverse psychological and physiological effects on a person or persons. ”
If I wanted to make a case that we are disturbed by the noise, I could, under this ordinance.
March 20th, 2008 at 3:10 pm
Thank you Kathy for your quick response! (and for posting this issue…I’m glad to know I’m not the only one who finds this most irritating).
I did find, in my county’s community resource guide, regarding noise, here’s what it says:
” NOISE: Amplified sound from vehicles:
1. Amplified sound from vehicles:
The operator of a motor vehicle is breaking the law if any electronic device used for the amplification
of sound, which is located within a motor vehicle being operated on a public street or alley, is played
or operated so as to be audible from outside the vehicle at a distance of 50 feet or more. This does not
apply to motor vehicle alarms or the emission of sounds from emergency vehicles such as police or
fire or rescue vehicles.
2. Radios, Phonographs and Musical Instruments
It is a violation of the noise ordinance to play any radio, phonograph or musical instrument in such a
manner or with such volume, particularly during the hours between 10:00 p.m. and 8:00 a.m., as to
annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of
residence.”
It really doesn’t bother me that they come, goodness knows the kids LOVE it, but the blarring noise, the songs, I can feel my blood pressure rise when I hear it coming from the neighborhood next to us…I just start to cringe! Needless to say, I’ll be calling the county sheriff next time I hear them coming. (and hopefully nobody in my neighborhood knows it was me!) ;o)
March 20th, 2008 at 4:46 pm
RatherNotSay — Your county’s rules are even better than my township’s. I wouldn’t mind a bell that is hand-rung. It’s the amplified music that drives me insane. I can hear them coming blocks away, which would probably be a violation in your town because of the 50 foot rule. I found that the mayor of NYC banned the used of amplified music only when the truck is at a standstill. It was a compromise, so as not to upset kids and their parents. Even that would be a plus. It’s the constant noise that I would like them to end.
March 21st, 2008 at 10:23 am
Hi Kathy - I couldn’t agree more. I would even like to hear a cow bell!…now that would be more appropriate for an ice cream vendor. I called the sherrif’s department yesterday afternoon…and the deputy acted as if he had no clue of the law and he’d have to look it up…I, of course, read to him what I had found on the county’s website. He also said this was the first anyone has called about it…I was surprised to hear that! With the holiday weekend coming up, I’m sure I’ll be calling them again tomorrow, while I am peacefully planting my spring garden varities in my yard. This time requesting they come on out to “warn” to the driver…I’ll take some quiet enjoyment snickering to myself when Mr. Deputy shows up.
March 21st, 2008 at 7:23 pm
RatherNotSay — See, the thing is I would probably be seen as a child-hater if I suggested the noise was bothersome. I’m all for kids getting their ice cream, but I’ve only seen one family actually buy from the guy. For all the racket he makes, and how little sales are made, what’s the point? Please comment back here, or email me, if anything new happens on the ice cream truck front. I’d love to know if you’re successful in getting them to use an alternate method. Mostly so I’ll know what to expect if I try!
March 27th, 2008 at 3:43 pm
I am keeping with this issue on this blog as it concerns me greatly. I just left Florida after 3 months in a neighborhood where there were several ice-cream trucks making rounds each week. The law there is that the trucks are not allowed to amplify their jingles when they are stopped. But it is never enforced.
After doing some research I came upon an article about a town in NJ that banned the amplified sound systems, and then had that ban challenged by an ice-cream vendor in court. Here is the link. http://www.telecottage.com/icecream/story10.html
The federal judge ruled wrongly. There is no constitutional right to make as much noise as you want. The Bill of Rights is about protecting speech content, not the loudness or method of conveyance.
Commercial speech is regulated all the time in our society — for example regarding the size and location of commercial signs. If WalMart wanted to hire someone to take a loudspeaker and go through neighborhoods announcing a sale, I doubt that would pass legal muster as protected “speech.”
People’s homes are their havens for restoration. Commerce is conducted everywhere else in our society. The right of citizens to the peaceful enjoyment of their homes should take priority over the right to sell a product by means of a powerful, loud sound-system. Trucks with electronically-amplified sound-making devices have no ethical right to go through residential neighborhoods and disturb residents.
I am not opposed to ice-cream trucks. But they should be limited to acoustic bells for sound-making.
Good luck to RatherNotSay. Let us know how it goes.
March 30th, 2008 at 6:33 am
Susan N. — Thanks for your contributions here. I feel like we’re up against Goliath. I can’t see anyone supporting me if I go to my township to complain. But you make such valid points, especially with your Walmart comparison. Honestly, who would allow that? But they don’t mind the racket of ice cream trucks? It doesn’t make any sense to me. Homes are supposed to be our havens. I’ll certainly post back here (and email you and RatherNotSay) if I should make any waves. I dread the first ice cream day.
April 26th, 2008 at 1:56 pm
My municipal code has the same prohibition from ‘barkers’ but the ice cream truck is as popular as ever. Noisy jerk. I’ll be happy when this issue is resolved.
April 26th, 2008 at 4:41 pm
BarkingDogATLAS — I’m not sure it will ever be. I’m terrified to make waves about it. I don’t want to be known as the lady who hates children. I don’t, but that’s how it would go down. Brilliant site you have. It’s about time!
May 8th, 2008 at 8:31 pm
I have been struggling with an ice cream truck appropriately called Mr. Ding-a-ling that blares “The Entertainer” by Scott Joplin. I used to like (and play) the song but now I have a Pavlovian response of extreme irritation. I’m just amazed that a solicitor is allowed to blast their jingle throughout a neighborhood as loud as a siren.
The truck has a knack for coming around just when I’m taking a nice afternoon nap at which point I can’t even stay outside for the next half hour. Intolerable! Apparently, disturbing the peace is allowed if they are selling ice-cream.
May 9th, 2008 at 5:27 am
Hi, Andrew — I’m grateful at least that none of the trucks in my neighborhood blare that song. I hate it and would surely go insane. You know I feel your pain. The one currently torturing me plays “Music Box Dancer,” which isn’t that bad. But he plays it extremely loudly. If you want to see/hear it, check this out:
Music Box Dancer
September 13th, 2008 at 7:57 pm
Music Box Dancer in it’s own right isn’t that bad but if you’ve heard it for 3 years it sends chills up your spine! Our ice cream maniac says he prefers the song to all others. When asked if maybe some music rotation might be better; he responds, “Nopers”. Brilliance. Thank the Lord, Fall is around the corner and that song will get parked for a few months.
September 14th, 2008 at 6:49 am
Cy — You’re right. The song isn’t that bad, but when it’s blaring over and over and over, you learn very quickly to hate it. I think I heard one truck last weekend, but I don’t expect any more for a glorious nine months!
September 16th, 2008 at 10:54 am
Kathy you are so exactly me it is too funny! Ok I live in a complex right by the swimming pool (where all the kids are!) so when the annoying ice cream truck comes he pulls into my parking lot and backs right up to my kitchen window (with the annoying backing up truck noise beep-beep-beep-beep mixed with the twilight zone caliope music). Thank you for posting this - I always felt so mean that I hate the ice cream truck guy. And the music always sounds like it’s off key, too! haha
September 16th, 2008 at 6:44 pm
kat — If I go to my township and complain and get hate letters, will you run to my defense? I feel your pain. I really do. I don’t have it nearly as bad. But I’m thrilled the weather is getting cooler and we’ll be ice cream truck-free until next summer. Weeee!
September 19th, 2008 at 7:53 pm
This whole summer, I have been haunted by someone who has found my neighborhood to be a lucrative ice-cream business area.
The sound of the ice-cream truck used to be a once or twice a week welcome surprise. Now I can count on the loser to come chiming by every single day for the same two-hour block which just happens to be 5-7 pm, after work.
The worst part is the song is distorted, out of tune/key and is poorly sampled. It runs about 20 seconds and then repeats. The music stops mid-measure to repeat which is extremely annoying.
One time when I heard the chimes I commented, “Here comes the bloodsucker.” Now my 2 1/2 year old daughter, who had a pre-existing fear of the mysterious child-predator’s song, refers to him as the “bloodsucker”. As soon as the song is heard, she ceases any activity and insists that she be held despite attempts to prove the ice-cream man, though annoying, is harmless (hopefully).
To me, this whole Ice-cream truck thing is a little out of date. During the depression or at some ancient time before everybody had multiple freezers located at their residence, the ice-cream man provided salvation. Now, I don’t see the difference between the ice-cream truck and a McDonald’s truck going around blaring their annoying “pied-pipper”esque siren song. The later would never be tolerated.
Lately, a big stink has been made regarding the vending machines located in school’s and how they provide children with an unhealthy choice of food to waste their lunch money on. A similar fuss needs to be raised regarding the sugar-truck that seeks out new addicts of their tasty frozen goo.
I know, at least in my city, nothing will be done, mostly because when there is a city-code violation that I report, the dispatcher and subsequent police officer is usually unaware that such an ordianance existed at all, and it usually turns into a nice little instruction period, of which the ego-heavy police officer is perturbed with.
Like others, my wife thinks I’m just a grumpy fart, but as a music-lover I cannot tolerate this butchering of the classics.
September 20th, 2008 at 5:04 pm
Randy — You are right (and others mentioned it, too) that it’s no different than if McD’s or anyone else drove down the street screaming for a sale. “Come out! Come out and buy my wares!” I wonder if we can get them on solicitation instead of a noise ordinance? Every time I think of writing to my township, I chicken out. I’m afraid my newspaper will catch wind of it and I’ll wind up being the Woman Who Hates Children. Maybe the nostalgia will wear off eventually and they’ll just go away. ‘Course I’ll probably be dead by then. Thanks for writing. I’m with you 100%.
September 23rd, 2008 at 3:56 am
Kathy, has the situation been improved since then? It seemed that the Ice Cream Guy and the annoying neighbour has turned you into an angry person in some way.
Handbag for life’s last blog post..Marc Jacobs Spring 2009 Bags
September 23rd, 2008 at 5:32 am
Handbag for life — No, it has not improved. Unless you call a change of seasons an improvement. There are less and less ice cream men screaming down my street. If you read the comments, you’ll know I’m not alone in my anger.