(A) Generally.
(1) 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.
Table III: Maximum Motor Vehicle Sound Level in db(A) | |||
Types of Vehicles | Speed Limit 35 mph or Less | Speed Limit 35 mph or More | Vehicle Stationary |
Motor vehicle with 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 | - |
(2) Sound levels are to be measured at a distance of 25 feet from the nearest lane being monitored and at a height of at least four feet above the immediate surrounding surface.
(3) This division (A) 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 section.
(4) Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements under this division (A).
(2005 Code, § 50-45)
(B) Mufflers.
(1) 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.
(2) 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.
(3) 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.
(2005 Code, § 50-46)
(C) Off-road vehicles.
(1) It shall be unlawful for any person to operate or cause to be operated a recreational or 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 previously in division (A) above for motorcycles, adjusted to a distance of 25 feet from the path of the vehicle when operated on public space, or at the boundary of private property when operated on private property.
(2) This division (C) shall apply to all recreational vehicles, whether or not fully licensed or registered including, but not limited to, commercial or non-commercial racing vehicles, motorcycles, go-carts, amphibious craft and dune buggies.
(3) 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.
(2005 Code, § 50-47)
(Ord. passed 1-8-1996; Ord. passed 6-2-1997) Penalty, see § 131.99