(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABNORMALOREXCESSIVE NOISE.
(a) Distinct and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort and repose of any person or precludes a person’s enjoyment of property or affects the property’s value;
(b) Noise in excess of that permitted by M.S. § 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working order; or
(c) Noise in excess of that permitted by M.S. § 169.693, as it may be amended from time to time and Minn Rules pts. 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.
ENGINE RETARDING BRAKE. A dynamic brake, Jake brake, Jacobs brake, C-brake, Paccar brake, transmission brake, or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression.
(B) Prohibited exhaust and noise. It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations.
(C) Prohibited brake noise and exhaust. It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot, or alley within the city which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency.
(D) Statutes adopted by reference. M.S. §§ 169.69 and 169.693 (motor vehicle noise limits), as they may be amended from time to time, and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference.
(E) Signs to be posted. Signs stating “Vehicle Noise Laws Enforced” may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this section, except that no sign stating “Vehicle Noise Laws Enforced” shall be installed on a state highway without a permit from the State Department of Transportation. The provisions this section are in full force and effect even if no signs are installed.
(Prior Code, § 1402.050) (Ord. passed 1-5-2005) Penalty, see § 10.99