(a) Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have meanings as follows:
(1) All definitions and terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(2) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
(3) "Sound pressure level" means twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. The sound pressure level is expressed in decibels.
(4) "Decibel (db)" means a unit of sound pressure measurement as defined by the American National Standards Institute Bulletin.
(5) "Sound level meter" means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighing networks used to measure sound pressure levels. The instrument shall comply with the standards for Type I or Type II sound level. meters as specified in the American National Standards Institute Standard ANSI S1.4 l971 or its successor.
(6) "Person" means .any individual, association, partnership or corporation.
(7) "Noise level" means the A-weighted sound level produced by a light motor vehicle.
(8) "Light motor vehicle" means any automobile, van, motorcycle, motor- driven cycle, motor scooter, dune buggy, snowmobile, all terrain vehicle, go cart, mini bike, trail bike and truck or other motor vehicle propelled by an internal combustion engine with gross vehicular weight of less than 10,000 pounds.
(9) "Modified exhaust system" means an exhaust system in which:
A. The original noise abatement devices have been physically altered causing them to be less effective in reducing noises; or
B. The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or
C. Devices have been added to the original noise abatement devices, such that noise levels are increased.
(b) Maximum Noise Level. No person shall cause noise levels from the operation of light motor vehicles in excess of 80 dB(A) in any area within the corporate limits of the Municipality at any time of the day, and regardless of the specified speed limit. Such noise level limit of 80 dB(A) shall be based on a distance of not less than fifteen feet from the noise source. This section shall not apply to public safety vehicles such as police cars, ambulances, fire trucks, etc. when operating in an emergency or in pursuit of law violators.
(c) Excessive Exhaust System Noise. In addition to the prohibition provided for in subsection (b) hereof, no person shall operate a light motor vehicle which causes excessive noise levels, as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, de-acceleration, revving of the vehicle's engine or tire squealing.
(d) Standard Adopted. The Municipality hereby adopts by reference the Environmental Protection Agency's noise emission regulations for motor vehicles weighing over 10,000 pounds. (Reference: 40 C. F .R. §202.10 et seq. (1978) attached to original Ordinance 79-32.) The maximum noise level for such vehicles traveling on highways with a speed limit of thirty-five miles per hour or less is 86 dB(A) measured on an open site at fifty feet from the centerline. On highways with speed limits over thirty-five miles per hour, the maximum noise level is 90 dB(A) measured on an open site at fifty feet from the centerline.
(e) Evidence. In any prosecution for a violation of this section, the court may admit evidence of a noise level as tested by any sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for Type I or Type II equipment.
(f) Severability Clause. If any subsections, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court or agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such ruling or holding shall not affect the continued effectiveness, validity or enforcement of the remaining portions.
(g) Violations Classified. Whoever violates this section is guilty of a minor misdemeanor and for each offense shall be fined not more than one hundred dollars ($100.00).
(Ord. 79-32. Passed 8-20-79.)