(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SOUND AMPLIFICATION SYSTEM. Any device, instrument or system, whether electrical or mechanical or otherwise, for amplifying sound or for producing or reproducing sound, including but not limited to any radio, stereo, musical instrument, phonograph, sound or musical recorder or player, sound truck, loud speaker or any instrument of any such kind or character.
JAKE BRAKING. The operation of a truck or other motor vehicle in such a manner as to cause the engine to emit additional noise from its exhaust or muffler system through deceleration or down shifting gears.
(B) Offense. It is unlawful to play, operate or use any sound amplification system which:
(1) Can be heard from a distance of 50 feet or more; or
(2) Annoys or disturbs the quiet, comfort or repose of any person in the vicinity.
(C) Exceptions. Division (B) above shall not apply to:
(1) An authorized emergency vehicle;
(2) A vehicle operated by a gas, electric communications or water utility company or governmental entity;
(3) A vehicle used for advertising in a parade or in a political or other special event permitted by the town; or
(4) An owner of such having first applied to and received permission from the Chief of Police to operate any such sound amplification system.
(D) Motor vehicles. It is unlawful for any person:
(1) To operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cut out, by-pass or similar muffler elimination appliance; and/or
(2) To operate a truck or other motor vehicle in such a manner as to cause the engine to emit additional noise from its exhaust or muffler system through deceleration or through a practice commonly known as “Jake braking”, unless an emergency exists.
(E) Separate offenses. Each violation of any provisions under divisions (B) or (D) above shall constitute a separate offense.
(2001 Code, § 10-2-1) Penalty, see § 131.99