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(A) It shall be unlawful for any person to drive, operate, move or permit to be driven, operated or moved a motor vehicle or combination of vehicles at any time in such a manner that the sound level of the vehicle exceeds the levels set forth for that category of vehicles as shown below:
Vehicle Type | Speed Limit 35 mph or Less | Speed Limit 35 mph or More | Vehicle Stationary |
Motor vehicle with a gross vehicle weight rating (GVWR) of less than 10,000 pounds | 81 | 85 | 83 |
Motor vehicle with a GVWR of more than 10,000 pounds | 89 | 94 | 91 |
Motorcycle | 81 | 85 | 83 |
Any other motor vehicle or any combination of vehicles towed by any motor vehicle | 76 | 80 | 78 |
(B) Sound levels are to be measured at a distance of 25 feet from the nearest lane(s) being monitored and at a height of at least four feet above the immediate surrounding surface.
(C) This section shall apply to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers or noise control.
(D) Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements under this section.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
(A) It shall be unlawful for any person to operate or cause to be operated a motor vehicle, unless the exhaust system is free from defects, which affect sound reduction.
(B) No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound, dissipative device on a motor vehicle.
(C) It shall be unlawful for any person to modify the exhaust system of a motor vehicle by the installation of a muffler cut-out or bypass, and no person shall operate a motor vehicle which has been so modified.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
(A) It shall be unlawful for any person to operate or cause to be operated a recreational off-road motor vehicle individually, in a group, or in an organized racing event, on public or private property in such a manner that the sound level exceeds the maximum permissible levels set forth in § 95.08, Table 3, for motorcycles, adjusted to a distance of 25 feet from the path of the vehicle when operated on public space, or the boundary private property when operated on private property.
(B) This section shall apply to all recreational vehicles, whether or not duly licensed or registered including, but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft and dune buggies.
(C) Use of such vehicles off-road except for emergency purposes and except to attain access from private property to public rights-of-way shall be completely prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
(A) No property owner shall allow a noise-related nuisance or health or safety hazard to be created or maintained by or on account of tenants of the property owner. For purposes of this section, a noise-related nuisance or health or safety hazard shall be deemed to exist when a tenant or group of tenants at a specific location receives a third citation for a noise ordinance violation pursuant to this chapter. A property owner may be held liable for the costs of abating the nuisance or remedying the health or safety hazard only if the property owner has been notified in writing of the first two ordinance violations. A property owner shall be liable for the costs of abating the nuisance or remedying the health or safety hazard upon the third and any subsequent action by the same tenant at a specific location, provided the third violation occurs at least 15 days from the date of actual receipt of notice of the second violation. It shall be a complete defense to a citation under this division if the owner of the real property involved can prove that the property owner is actively pursuing an eviction process according to law, and that the eviction process was begun prior to the date of the third or any subsequent violation by the same tenant at a specific location.
(B) Owners, property managers, agents, management companies, employees of the owner, property manager, agent or management companies, and their family members shall be responsible and liable for any violations of this chapter by tenants, guests or licensees on the premises if the owners, property managers, agents, management companies, employees of the owner, property manager, agent or management companies or their family members are present at the time of the violation.
(C) Notice of any previous violations pursuant to this section shall be affected by registered or certified mail and by regular mail sent concurrently. Alternately, notice may be affected by personal hand delivery and acknowledgment of receipt by the owner or agent of the owner. If the certified or registered notification is returned, but the regular mail notification is not returned, it will be presumed the addressee received the notification. The burden shall be on the addressee to establish that the notification was not received.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
(A) When it is reasonable and practical to do so, a person believed to be violating any portion of this chapter may be given an oral order to cease or abate the noise immediately, or as soon as is reasonable or practical, prior to being charged with a violation.
(B) If the order to cease or abate the noise is not complied with, the person or persons responsible for the violation may be charged with a violation of this chapter.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this Code of Ordinances.
(Ord. 21-09-01, passed 9-3-2021)