The following acts, and the causing of permitting thereof, are declared to be in violation of this chapter.
(a) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of seven thousand (7,000) pounds or any auxiliary equipment attached to such vehicle, for a period longer than five (5) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 9:00 P.M. and 7:00 A.M. This section shall not apply to public utilities vehicles, municipal service vehicles or buses operated as common carriers.
(2) No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table 1, below, when measured at the location and distance established by Section 3, also below. This section shall apply to all licensed motor vehicles, whether publicly or privately owned.
TABLE 1
VEHICLE CLASS | SOUND PRESSURE LEVEL IN dB | STATIONARY RUN-UP | ||
Speed Limit 45 mi. per hour or less | Stationary Engine Speed | Dist. of Microphone from Vehicle | Noise Limit in dE | |
Any motor carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 lbs. or more | Adopt Federal Interstate Motor Carrier Procedures | Max governor speeds (N/A to vehicle W/O governors). Ungoverned vehicles of this class shall be tested at 75% of motor speed @ max. developed H.P. | 50 ft from center line of vehicle | 88 |
Any motor vehicle with a GVWR or GCWR of more than 10,000 lbs. and any combination of vehicles towed by such motor vehicle | 86 (Min. of 25 ft. from center lane of traffic) | 88 | ||
Any motorcycle | 80* (Min. of 25 ft. from center lane of traffic) | ½ of Tachometer Red Line Value | 20" from near side of motorcycle | 95 |
Any other motor vehicle and any combination of vehicles towed by such motor vehicle. | 80* (Min. of 25 ft. from center lane of traffic) | 3,000 RPM | 20" from end of tailpipe @ 45 degree angle | 95 |
* Enforce @ 86
(3) Measurement distance. For the purpose of Section 2, the standard measurement height shall be four (4) feet and the standard horizontal measurement between distance from the center line of the traffic lane monitored to the sound level meter shall be a minimum of twenty-five (25) feet and at least ten (10) feet from any large reflecting surface. Measurements for the purpose of enforcing Section 2 may be taken at a horizontal distance from the center line of the traffic lane being monitored from twenty-five (25) feet to one hundred (100) feet, and the correction factor applied to the limits set forth in Table 2 below.
TABLE 2
Correction Factors
MEASUREMENT DISTANCE (feet) | CORRECTIONS TO LIMITS (dE) |
25 | +6 |
28 | +5 |
32 | +4 |
35 | +3 |
40 | +2 |
45 | +1 |
50 | 0 |
56 | -1 |
63 | -2 |
70 | -3 |
80 | -4 |
90 | -5 |
100 | -7 |
(b) Unreasonable Noise Generally. No person shall do, cause or permit any of the following:
(1) Adequate mufflers or sound dissipative devices.
A. Operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation;
B. 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 or motorcycle; or
C. Discharge into the open air the exhaust of any steam engine, stationary internal combustion engine or motorboat, except through a muffler or other device in good working order and in constant operation;
(2) Motor vehicles. Race the motor of any vehicle unnecessarily or operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surfaces, commonly called "peeling";
(3) Radios, television sets, musical instruments and similar devices. Operate, play or permit the operation or playing of any radio, television, phonograph, drum or other musical instrument, sound amplifier or similar device that produces, reproduces or amplifies sound:
A. Between the hours of 9:30 P.M. and 7:00 A.M. of the following day in such a manner as to create a noise disturbance across a residential property boundary; or
B. In such a manner as to create a noise of 65 decibels or more at fifty feet (fifteen meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space. (Ord. 92-93. Passed 11-8-93.)