(a) No person shall operate a motor vehicle or combination of vehicles of any description, other than an authorized emergency vehicle or a vehicle moving under a special permit, at any time or under any condition of grade, load, acceleration, or deceleration in such a manner that the noise level of the entire unit exceeds the following noise limit for the category of motor vehicle within the speed limits specified in this section:
NOISE LIMIT (db(A))
Type of Vehicle | 35 m.p.h. or less | Over 35 m,p.h. |
Heavy trucks and buses exceeding 6,000 pounds gross weight | 88 | 90 |
Motorcycles | 82 | 86 |
All other motor vehicles | 76 | 82 |
(b) The noise limits established in (a) above shall be based on a distance of 50 feet from the center of the lane of travel within the speed limit specified in said paragraph, and shall be measured by a sound level meter which meets the Type 1 requirements of American National Standard S1.4-1971, as amended, specification for sound level meters. The Department of Public Safety may provide for measuring at distances closer than 50 feet from the center of the lane of travel. In such event the measuring devices shall be so calibrated as to provide for measurements equivalent to the noise limit established by this section measured at 50 feet.
(c) The noise level measurement secured from a sound level meter meeting the requirements of (b) above shall be admissible in evidence in any prosecution under (a) above.
(d) Any person desiring special permission to operate a motor vehicle or combination of vehicles in excess of the noise level limits established by this section shall apply to the Safety Director for a permit. In applying for such permit, the person shall inform the Safety Director of the type of vehicles to be operated, the hours of the intended operation, and all other circumstances touching or affecting the proposed operation of such vehicles. In determining whether or not to issue such permit, the Safety Director shall consider the hours of the proposed operation of such motor vehicles, the duration of such operation, the public or private necessity of such operation, and the effect of such operation on the health, safety, and welfare of the community of the City. (Ord. 1973-35. Passed 1-8-74.)
(e) Whoever violates any provision 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.