331.36  MUFFLER REQUIRED.
   (a)   All motor vehicles and motorcycles shall be equipped with a muffler which is maintained in proper working condition and which prevents any noise in excess of or unusual to the normal operation of such types or makes of vehicles.  Defects in the muffling system, which constitute a violation of this section, include but are not limited to the following:
      (1)   The absence of a muffler;
      (2)   The presence of a muffler cut-out, bypass, or similar devices;
      (3)   Defects in the exhaust system including, but not limited to, pinched outlets, holes, or rusted through areas of the muffler or pipes;
      (4)   The presence of equipment which produces or facilitates excessive or unusual noise from the exhaust system;
      (5)   The presence of any modified exhaust system which amplifies or increases the noise emitted by the engine above that emitted by the muffler originally installed on the vehicle;
      (6)   The presence of any equipment for producing excessive smoke, or gas, or allowing any chemical to flow into or upon the exhaust pipe or muffler of a vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
   (b)   No person shall operate any motor vehicle or motorcycle unless necessary for safe operation or in compliance with the law, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud crackling, chattering, or clattering noise, unusual to its normal operation, except when necessary to make repairs or adjustments for proper operating purposes.
   (c)   No person shall operate any motor vehicle or motorcycle in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the tires of such vehicle squeal or leave tire marks on the roadway.
   (d)   The creation of noise by a crackling, chattering, or clattering noise from the exhaust shall be prima-facie evidence of the intent of the operator to violate this section.
   (e)   Whoever violates this section shall be guilty of a minor misdemeanor.
   (f)   In addition to any other method of enforcement provided for in this chapter, a first offense of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, and this section may be enforced by the issuance of an Ohio Uniform Traffic Ticket in compliance with the “Ohio Traffic Rules” promulgated by the Ohio Supreme Court pursuant to RC 2935.17 and 2937.46.
   (g)   On a second or subsequent offense of this section, if less than twelve (12) months have elapsed since the last offense of this section, a person is guilty of a misdemeanor of the fourth degree.
   (h)   Each day such violation continues shall constitute a separate offense and shall be punishable as such.  (Ord. 2001-15.  Passed 8-27-01.)