(a) (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.
(2) No person shall use a muffler cutout, by-pass, straight pipe or similar device upon a motor vehicle on a street, highway or other public way within the City. Any person who violates this subsection (a)(2) shall be subject to the fine set forth in Section 9-100-020(c) for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(3) No person shall operate any motor vehicle on any public way with any exhaust system or exhaust system component that is not labeled in accordance with Sections 205.158 and 205.169 of Title 40 of the Code of Federal Regulations, indicating that the exhaust system or exhaust system component meets the applicable federal noise emission requirements.
For purposes of this subsection (a), the term "straight pipe" means an exhaust pipe lacking a muffler.
(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. No person shall operate at any place in the city any vehicle which generates excessive visible emissions of smoke from the exhaust pipe; provided, however, this prohibition shall not include emissions of water or water vapor from the exhaust pipe which is created during cold weather start-up.
(c) The owner of any vehicle that is used in violation of this section may be subject to seizure and impoundment. In such case the owner of record of such vehicle shall be liable to the city for an administrative penalty of $750.00 in addition to fees applicable under Section 9-92-080 for towing and storage of the vehicle.
(d) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report.
(e) Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-19-97, p. 57861; Amend Coun. J. 7-26-06, p. 81473, § 4; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 4-30-14, p. 79799, § 1; Amend Coun. J. 7-24-19, p. 2674, § 4; Amend Coun. J. 5-23-22, p. 47811, § 2; Amend Coun. J. 11-7-22, p. 55595, Art. IV, § 4)