337.27 NOISE LEVEL OF MOTOR VEHICLES.

   (a)   Every motor vehicle operated on the streets and highways and upon private property within the City shall be equipped with one or more mechanical devices which are in operation at all times when the motor vehicle is in operation and which effectively reduce the intensity of sound emanating from the motor vehicle below the levels set forth in this section as measured by a decibelmeter.

   (b)   No motor vehicle shall be operated anywhere in the City which produces greater sound intensity as measured by a decibelmeter than as follows:

      (1)   Automobiles. Not to exceed 95 decibels, as measured not less than five feet from the source of the noise.

      (2)   Trucks. Not to exceed 95 decibels, as measured not less than five feet from the source of the noise.

      (3)   Construction equipment. Not to exceed 95 decibels, as measured at the adjacent highway or from private property adjacent to the location where the construction equipment is working.

      (4)   All other motor vehicles. Not to exceed 95 decibels, as measured from any public highway or adjacent private property.

   All of the above measurements are to be made using the A weighting network of the sound level meter.

(Ord. 35-1977. Passed 6-30-77.)

   (c)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.