Disturbing, excessive or offensive motor vehicle noise, smoke or exhaust interferes with a person's right to enjoy life and property and is detrimental to public health and safety. The purpose of this chapter is to regulate excessive motor vehicle noise, smoke or exhaust within the limits of the City to promote the public health, comfort and convenience of the City's inhabitants and its visitors. (Ord. 25-17, 7-25-2017)
This chapter sets forth procedures, policies, standards and requirements applicable to motor vehicle produced excessive noise, smoke or exhaust, including, but not limited to, exhaust systems, muffler systems, and other noise suppressing systems and devices. (Ord. 25-17, 7-25-2017; amd. Ord. 14-23, 3-28-2023)
For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
EXCESSIVE FUMES, SMOKE OR EXHAUST: | The opaque discharge of fumes or smoke from a motor vehicle's exhaust emissions within the proximity of the exhaust outlet with the volume of detectable fumes or opaque visible smoke in excess beyond that of a normally functioning vehicle operated in an ordinary manner upon public streets or highways. |
EXCESSIVE NOISE: | Any sound made by a motor vehicle at any time under any condition of grade, speed, acceleration or deceleration that is unreasonably loud or unusual, including but not limited to, noises that simulate gunfire. |
MOTOR VEHICLE: | Every vehicle which is self-propelled but excludes all vessels which are solely solar or human powered, and electric or motorized personal assistive mobility devices and wheelchairs. (Ord. 25-17, 7-25-2017; amd. Ord. 14-23, 3-28-2023) |
A. Muffler Required: Every motor vehicle operated within the City limits shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive noise and smoke.
B. Noise Suppressing System: When any motor vehicle was originally equipped with a noise suppressing system or when any motor vehicle is required by law or regulation of this State or the Federal government to have a noise suppressing system, that system shall be maintained in good working order.
C. Prohibitions: No person or owner shall:
1. Operate or cause or permit to be operated a motor vehicle with a disconnected muffler system, or an exhaust or sound suppression system in disrepair.
2. Modify or alter a motor vehicle's muffler system or its operation in any manner, except to conform to the manufacturer's specifications.
3. Operate or cause or permit to be operated a motor vehicle with a muffler cutout, bypass or similar device engaged when that device is designed to divert exhaust noise away from a muffler or other noise suppressing system with the intent of amplifying or increasing noise. Whether operated manually or electronically, the device shall always remain in the closed position while the vehicle is in operation upon public streets or highways.
4. Modify the exhaust system of a motor vehicle in a manner which amplifies or increases the noise of the motor vehicle above that emitted by the muffler originally installed on the motor vehicle by the manufacturer.
5. Operate or cause or permit to be operated any motor vehicle which a reasonable person would know or should have known was originally equipped or required by any law or regulation of the State or the Federal government to be equipped with a noise suppressing system while any part of that system is disconnected or while that system or its operation is modified or altered in any manner, except to conform to the manufacturer's specifications.
6. Operate or cause or permit to be operated a motor vehicle which produces such excessive noise as defined within this chapter.
7. Any modification to a motor vehicle's electronic software resulting in the combustion of fuel within the exhaust system, creating excessive noise beyond that of a normally and fully functioning muffler or noise suppression system. (Ord. 25-17, 7-25-2017; amd. Ord. 14-23, 3-28-2023)
The prohibitions of this chapter shall not apply to the following:
A. Nonregistered Motor Vehicles On Private Property: Motor vehicles which are not registered with the Idaho Transportation Department because such motor vehicles are solely being driven on private property not open to the public;
B. Exempt Commercial Vehicles: Commercial vehicles which are exempt from emissions testing pursuant to the Ada County Air Quality Board's most current version of their rules and regulations; or
C. Antique, Classic Motor Vehicles: Antique motor vehicles, which have been registered with the Idaho Old Timers license plates pursuant to Idaho Code section 49-406 or with the Idaho Classic plates pursuant to Idaho Code section 49-406A, so long as such motor vehicles are operated and maintained as collectors' items for use in exhibitions, parades, club activities and similar uses, and not used for business or commercial purposes or as customary and usual transportation. (Ord. 25-17, 7-25-2017)
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