(A) (1) For the purpose of this section the following defini- tions shall apply unless the context clearly indicates or requires a different meaning.
"A-WEIGHTED SOUND LEVEL." The sound pressure level in decibels using the A-weighting network. The level so read is designated dB(A) or dBA.
"DECIBEL (dB)." A unit of sound pressure measurement as defined by the American National Standards Institute Bulletin.
"dB(A)." A weighted scale for measuring decibel as defined in the American National Standards Institute Bulletin.
"MODIFIED EXHAUST SYSTEMS." An exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which were not effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased.
"MOTOR VEHICLES." Any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all terrain vehicles, go- carts, minibikes, trail bikes, and trucks with gross vehicular weight of less than 8,000 pounds.
"NOISE LEVELS." The A-weighted sound level produced by a motor vehicle.
"SOUND LEVEL METER." An instrument which includes a microphone, amplifier, RMS detector integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American Standard Association. Reading shall be made on a dB(A) scale.
"TRAFFIC NOISE." A sound made by a motor vehicle operated either on a public right-of-way or private property.
(2) All definitions and terminology used in this section not defined herein, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(B) No person shall operate a motor vehicle on the streets of the city in such a manner or with such equipment as to make, create, facilitate, increase or maintain any loud, unnecessary, excessive or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, or health of others.
(C) It shall be unlawful for any person to cause noise levels from the operation of motor vehicles in excess of 80 dB(A) in any area within the corporate limits of the city, at any time of the day, and regardless of the specified speed limit up to 45 mph zones. Such noise level limit of 80 dB(A) shall be based on distance of not less than l5 feet from the noise source.
(D) It shall be unlawful for any person to operate a 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, deacceleration, revving, or tire squeal, or as the result of the operation of audio devices such as, but not limited to, radios, phonographs, tape players and CD players on or from such vehicle.
(E) In any criminal prosecution of 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 specifications for type II equipment.
(F) Any emission of noise from any motor vehicle source in excess of the limitations established by this section shall be deemed and is declared to be a public nuisance.
(Ord. 4691, passed 11-28-77; Am. Ord. 4995, passed 8-26-80; Am. Ord. 5937, passed 9-12-94) Penalty, see § 70.99
Cross-reference:
Noise, see Ch. 132