(a) The operation of an engine break on a gasoline powered or diesel powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of such engine break, adversely affects the health, safety and welfare of the residents of the City and, therefore, is hereby declared to be a nuisance in fact.
(b) No person shall operate a gasoline powered or diesel powered motor vehicle on the streets or alleys of the City, utilizing, in such operation, an engine break, without exhaust mufflers, permitting excessive noise to be created by such motor vehicle.
(c) This section shall not apply to emergency driving situations requiring the utilization of an engine break to protect the safety and property of the residents of the City, other motor vehicles and operators, pedestrians, and operators and passengers of the motor vehicle involved in such emergency situation.
(Ord. 4369. Passed 8-14-85.)