§ 9.403 PROHIBITED NOISE.
   (A)   (Repealed)
   (B)   (Repealed)
   (C)   (Repealed)
   (D)   (Repealed)
   (E)   (Repealed)
   (F)   (Repealed)
   (G)   No person shall sell, or offer for sale, a new motor vehicle that produces a maximum noise exceeding the following noise limit at a distance of 50 feet from the centerline of travel, under test procedures, standards and recommended practices as itemized below and with reference to §§ 9.404 and 9.405 of this chapter. Such stock as is certified to the Director as of December 13, 1973, shall be exempt from the prohibition contained in this division (G). Test procedures shall be in substantial conformity with standards and recommended practices established by the Society of Automotive Engineers, Inc., including SAE Recommended Practice J-184, and ANSI Standards A1.1-1960 and S1.4-1961167.
Type of Vehicle
Noise Limit dB(A)
Type of Vehicle
Noise Limit dB(A)
Motorcycle (test procedures per SAE Proposed Standard J-331):
Manufactured before July 1, 1973
88
Manufactured after July 1, 1973
86
Manufactured after January 1, 1975
84
Manufactured after January 1, 1980
75
Any motor vehicle with a gross vehicle weight of 10,000 pounds or more (test procedure per SAE Standard J-366a):
Manufactured before July 1, 1973
88
Manufactured after July 1, 1973
86
Manufactured after January 1, 1975
84
Manufactured after January 1, 1980
75
Passenger car, motor-driven cycle and any other motor vehicle (test procedures per SAE Standard J-986a):
Manufactured before January 1, 1973
86
Manufactured after January 1, 1973
84
Manufactured after January 1, 1975
80
Manufactured after January 1, 1980
75
 
   (H)   (1)   (a)   No person shall operate within the speed limits specified in this division (H)(1) either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition as to exceed the following noise limit for the category of motor vehicle, measured at a distance of not less than 50 feet from the center line of travel, under ANSI Standards S1.1-1960 and S1.4-1961, and SAE Standard J-184 with meter set for fast response and the A-weighted scale.
Noise Limit in Relation to Posted Speed Limit (dB(A))
Type of Vehicle
35 mph or Less
Over 35 mph
Noise Limit in Relation to Posted Speed Limit (dB(A))
Type of Vehicle
35 mph or Less
Over 35 mph
Any motor vehicle with a manufacturer’s GVW rating of 10,000 pounds or more and any combination of vehicles towed by such combination:
Manufactured before July 1, 1973
88
90
Manufactured after July 1, 1973
86
90
Any motorcycle:
Manufactured before July 1, 1978
82
86
Manufactured after July 1, 1978
78
82
Any other motor vehicle and any combination of motor vehicles towed by such vehicle:
Manufactured before July 1, 1978
78
82
Manufactured after July 1, 1978
73
79
 
         (b)   This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers for noise control.
      (2)   No person shall operate a motor vehicle or combination of vehicles, of a type subject to registration, at any time or under any condition when the noise limit herein established is exceeded under stationary test procedures as outlined for this section by the regulations as promulgated under § 9.409.
Type of Vehicle
Stationary Engine Speed
Microphone from Vehicle
Noise dB(A)
Type of Vehicle
Stationary Engine Speed
Microphone from Vehicle
Noise dB(A)
Any motor vehicle with a manufacturer’s GVW rating of 10,000 pounds or more, and any combination of vehicles towed by such motor vehicle
 
Maximum governor speed (not applicable to vehicles without governors). Ungoverned vehicles of this class shall be tested as provided for in subsection 9.403H1
35 feet from centerline of vehicle
93
 
 
 
Any motorcycle
75% of motor speed at maximum developed horsepower
75 inches from near side of vehicle
   Manufactured before July 1, 1978
99
   Manufactured after July 1, 1978
95
Any other motor vehicle and any combination of motor vehicles towed by such vehicle
75% of motor speed at maximum developed horsepower
20 inches from end of tailpipe
   Manufactured before July 1, 1978
94
   Manufactured after July 1, 1978
90
 
   (I)   No person shall operate, sell, lease or agree to sell or lease any of the types of equipment herein enumerated which shall exceed the noise level herein established at a distance of 50 feet, under test procedures and Standards SEA J-184, SAE J-952b, ANSI S1.1-1960, ANSI S1.4-1961 and with reference to §§ 9.404 and 9.405 hereof.
Type of Equipment
Noise Limit (dB(A))
Type of Equipment
Noise Limit (dB(A))
Construction and industrial machinery such as crawlers tractors, dozers, rotary drills and augers, loaders, power shovels, cranes, derricks, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers, wagons, pavement breakers, compressors, and pneumatic powered equipment and the like but not including pile drivers
Manufactured after July 1, 1973
88
Manufactured after January 1, 1975
86
Manufactured after January 1, 1980
80
Agricultural tractors and equipment
Manufactured after July 1, 1973
88
Manufactured after January 1, 1975
86
Manufactured after January 1, 1980
80
Powered commercial equipment of 20 hp or less intended for infrequent use in a residential area, such as chain saws, pavement breakers, log chippers, powered hand tools and the like
Manufactured after July 1, 1973
84
Manufactured after January 1, 1980
80
Powered equipment intended for repetitive use in residential areas. Such equipment includes lawn mowers, small lawn and garden tools, riding tractors, snow removal equipment
Manufactured after July 1, 1973
74
Manufactured after January 1, 1975
70
Manufactured after January 1, 1978
75
 
   (J)   No person shall alter, modify or change any exhaust muffler, intake muffler or other equipment designed to abate noise or any motor equipment unless such alteration, modification or change shall reduce the noise emitted by such equipment. Nothing in this section shall be interpreted to prohibit the replacement of worn noise abatement equipment certified as meeting or exceeding specifications of the manufacturer’s original equipment.
   (K)   (1)   In C-1 Commercial Zoning Districts, at no point on the boundary of a residence district shall the sound pressure level of any individual operation, or the combined operations of any person, firm or corporation, exceed the decibel levels in the designated octave bands shown below for the zoning districts indicated as measured using test equipment per ANSI Standards S1.1-1960, S1.4-1961, S1.11-1966, S1.12-1967, and SAE J-184, and with reference to §§ 9.404 and 9.405 hereof.
Octave Band Center Frequency (Hz)
Maximum Sound Pressure Levels (dB) Along District Boundaries (daytime, steady noise)
Octave Band Center Frequency (Hz)
Maximum Sound Pressure Levels (dB) Along District Boundaries (daytime, steady noise)
31.5
72
63
71
125
65
250
57
500
51
1,000
45
2,000
39
4,000
34
8,000
32
 
      (2)   Maximum repetitive impulse noise sound pressure levels to be ten (dB) lower than the values shown for steady noise.
      (3)   For monitoring purposes, the A scale levels (slow response) of 55 dB(A) and 62 dB(A) respectively for residence districts may be used. Any noise levels in excess of these values constitute a violation of this division (K)(3).
      (4)   Where noise levels below the above-mentioned 55 dB(A) and 62 dB(A) are measured, the octave band test is to be applied in order to determine compliance with this section.
      (5)   Maximum nighttime sound pressure levels (9:00 p.m. to 7:00 a.m. are to be seven (dB) lower than the values shown for daytime steady noise for each octave band center frequency.
   (L)   In residential zoning districts, any property use shall conform with the performance standards stated in division (K) above for residence district boundaries; provided, that performance standards shall in every case be applied at the boundaries of the
lot on which such use is established.
   (M)   The maximum sound pressure levels established in divisions (K) and (L) above to be applied to the boundaries of a lot shall not apply to construction sites. Construction site noise level shall be regulated by division (D) above.
   (N)   In all instances in which a C-1 Commercial District does not adjoin a residence district, the performance standards governing noise shall apply at the nearest residence district boundary line, as these districts are defined and designated under the provisions of the zoning chapter (Chapter 50).
   (O)   Any property uses established in a commercial district shall be so operated as to comply with the following performance standards governing vibrations: In a C-1 Commercial Zoning District, any property use creating earth-shaking vibrations such as are created by drop forges or hydraulic surges shall be controlled in such manner as to prevent transmission beyond the lot lines of earth-shaking vibration is perceptible without the aid of instruments.
   (P)   No person shall sell or offer for sale any engine-powered pleasure vessel, engine-powered craft or motorboat which may exceed the following noise limit as measured at the distance of 50 feet under test procedures per SAE J-952b and with reference to SEA J-184 and ANSI Standards S1.1-1960, S1.4-1961 and §§ 9.404 and 9.405 of this chapter:
 
 
Noise Limit dB(A)
Manufactured before January 1, 1975
85
Manufactured after January 1, 1975
76
 
   (Q)   (1)   No person shall sell or offer for sale a new power-driven recreational or off-highway vehicle, including dune buggies and snowmobiles, go-carts, and minibikes that produce noise measured at the distance of 50 feet exceeding the following, under test procedures per SAE J-952b and with reference to SEA J-184 and ANSI Standards S1.1-1960, S1.4-1961 and §§ 9.404 and 9.405 of this chapter.
 
Type of Vehicle
Noise Limit dB(A)
Snowmobile
Manufactured after July 1, 1973
82
Manufactured after July 1, 1974
73
Any other vehicle including dune buggy, all-terrain vehicle, go-cart and minibike
Manufactured after July 1, 1973
82
Manufactured after July 1, 1975
73
 
      (2)   This division (Q) shall not be interpreted to include motor homes, off-highway trucks, construction equipment and other equipment included under divisions (G) and (I) above.
   (R)   (1)   No person shall operate a motor-driven vehicle of a type not subject to registration for road use, at any time or under any condition of acceleration or deceleration as to exceed the following noise limits as measured from the distance of 50 feet under ANSI Standards S1.1-1960 and S1.4-1961 and SAE Standard J-194 with meter set for fast response and the A-weighted scale.
 
 
Noise Limit dB(A)
Manufactured before July 1, 1973
86
Manufactured after July l, 1973
82
 
      (2)   This division (R) shall not be interpreted to include the operation of off-highway trucks and construction equipment, regulated under division (I) above.
(Prior Code, § 9.403) (Ord. effective 5-16-1997)