(a) No person shall knowingly operate a motor vehicle upon any public road, street, highway, parking area or private property within the City which causes audible sound as a result of a defective or modified exhaust system as follows:
(1) So as to disturb the quiet, comfort or repose of other persons; or
(2) At a volume that is audible from a distance of one hundred (100) feet outside of the vehicle.
(b) No person shall knowingly operate a motor vehicle upon any public road, street, highway, parking area or private property within the City which causes audible sound as a result of the revving or racing of the vehicle's motor.
(c) It shall be an affirmative defense to a violation of subsection (b) hereof that the person's conduct was in response to a bona fide emergency.
(d) Any law enforcement personnel who hears an audible sound, for purposes of subsections (a), and (b) hereof, shall measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer's auditory senses.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound such that both the offending motor vehicle and the distance involved can readily be identified.
(e) Whoever violates this section shall be guilty of a minor misdemeanor upon a first offense; shall be guilty of a fourth degree misdemeanor upon a second offense within twelve months of the first offense; and shall be guilty of a third degree misdemeanor upon three or more offenses within twelve months of the first offense.