(A) (1) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass, or similar device upon a motor vehicle on a street. Every motorcycle muffler shall be equipped with baffle plates.
(2) No person shall own, operate, or have in the person’s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
(B) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.22)
(C) No person shall own, operate or have in his or her possession any motor vehicle, equipped with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced, or equipped with an exhaust system or muffler which is defective, inadequate or improperly maintained, to which has been modified in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle.
(D) Construction equipment. No person shall operate between the hours of 9:00 p.m. and 7:00 a.m. any pile driver, pneumatic hammer, derrick, hoist or construction equipment, the use of which is attended by a loud noise, without the written consent of the City Engineer. Such consent shall only be granted to accommodate extenuating circumstances such as traffic control and/or emergency repair situations.
(E) Musical and sound instruments. No person shall use, operate, or permit to be played, used or operated, any radio receiving set, musical instrument, sound device, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or at any time with louder volume than is reasonably necessary for the convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto.
(F) Exceptions. This section shall not apply to properly permitted events within the city limits.
(G) Whoever violates divisions (D) through (F) of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 8989, passed 8-24-04)