(a) For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terminology used in this section, not defined herein, shall be in conformance with applicable publications of the American National Standards Institute or its successor body.
(1) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB (A) or dBA.
(2) "Decibel (db)" means a unit of sound pressure measurement as defined by the American National Standards Institute bulletin.
(3) "dB (A)" means a weighted scale for measuring decibels as defined in the American National Standards Institute bulletin.
(4) "Noise level" means the A-weighted sound level produced by a motor vehicle.
(5) "Sound level meter" means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American Standard Association. Readings shall be made on a dB (A) scale.
(6) "Traffic noise" means sound made by a motor vehicle operated either on the public right-of-way or private property.
(7) "Motor vehicles" means any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all terrain vehicle, go-cart, minibike, trail bike, or truck with gross vehicular weight of less than 8,000 pounds.
(8) "Modified exhaust systems" means an exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased.
(b) It shall be unlawful for any person to cause noise levels from the operation of motor vehicles in excess of 80 dB (A) in any area within the corporate limits of the Municipality at any time of the day, and regardless of the specified speed limit up to forty-five miles per hour zone. Such noise level limit of 80 dB (A) shall be based on distance of not less than fifteen feet from the noise source.
(c) It shall be unlawful for any person to operate a motor vehicle which causes excessive noise levels as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, deceleration, revving, or tire squealing.
(d) In any criminal prosecution for a violation of this section the court may admit evidence of a noise level as tested by any sound level meter which meets or exceeds the American National Standards Institute specifications for type II equipment. If there was, at the time, a measured noise level result that exceeds the prohibitions herein, it shall be prima facie evidence that the defendant was in violation of this section.
(e) Any emission of noise from any motor vehicle source in excess of the limitations established by this section shall be deemed and is declared to be a public nuisance.
(f) Any person convicted of a violation of any provision of this section shall be guilty of the admission of excessive noise, a minor misdemeanor.
(Ord. 478. Passed 6-19-79.)