§ 70.07  EXCESSIVE NOISE.
   (A)   Definitions. For the purposes of this section, the following phrases are defined as follows:
      ABNORMAL OR EXCESSIVE NOISE.
         (a)   A distinct and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort and repose of nay person or precludes their enjoyment of property or affects their property’s value;
         (b)   Noise in excess of that permitted by M.S. § 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working order; or
         (c)   Noise in excess of that permitted by M.S. § 169.693 and Minn. Rules parts 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.
      ENGINE RETARDING BREAK. A dynamic brake, jake brake, jacobs brake, c-brake, paccar brake, transmission brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression.
      LIGHT-MOTOR VEHICLES. Any automobile, van, motorcycle, motor-driven cycle, motorscooter, go cart, minibike, trail bike, or truck with a gross vehicular weight of less than 10,000 pounds.
   (B)   It shall be unlawful for any person to operate, or cause to operate, or use a light-motor vehicle in a manner as to cause, or allow to be caused, excessive noise levels as a result of unreasonable rapid accelerations, deceleration, revving of engine, squealing of tires, honking of horns, or as a result of the operation of audio devices including but not limited to radios, phonograph, tape players, compact disc players or any other sound-amplifying device on or from the light-motor vehicle.
   (C)   No person shall operate, or cause to operate, or use a light-motor vehicle in violation of the noise standards contained in Minn. Rules parts 7030.1050 and 7030.1060, as it may be amended from time to time.
   (D)   No person shall operate, or cause to operate, or use a light-motor vehicle that discharges its exhaust other than through a muffler or other device that effectively prevents loud or explosive noises. No person shall operate, or cause to operate, or use a light-motor vehicle whose exhaust system has been modified, altered, or repaired in any way, including the use of a muffler cut-out or by-pass, that amplifies or otherwise increases noise above that emitted by the light-motor vehicle as originally equipped.
   (E)   The following are exempted from the above provisions of this section:
      (1)   Sound emitted from sirens of authorized emergency vehicles;
      (2)   Burglar alarms on light-motor vehicles of the electronic signaling type which also transmit an audible signal to a receiver which can be carried by the owner or operator of the vehicle; and
      (3)   Celebrations on Halloween and other legal holidays and celebrations in connection with duly authorized parades.
   (F)   Engine breaking.
      (1)   It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations.
      (2)   It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot or alley within the city which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency.
      (3)   Minnesota Statutes §§ 169.69 and  169.693 (motor vehicle noise limits) and Minn. Rules parts 7030.1000 through 7030.1050 as these statutes and rules may be amended from time to time, are hereby adopted by reference.
      (4)   Signs stating “Vehicle Noise Laws Enforced” may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this section, except that no sign stating “Vehicle Noise Laws Enforced” shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this section are in full force and effect even if no signs are installed.
      (5)   Nothing in this section shall be construed to prohibit the operations of skeet, trap or shooting sports clubs, motor vehicle race events conducted at a facility specifically designed for that purpose, county fair or a community event or celebration.
(Ord. 364, passed 10-12-2009)  Penalty, see § 10.99