(A) No person shall operate the engine providing motive power, or any auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pick-up vehicles that require the operation of the engine to unload or load their vending loads.
(B) No person shall operate, within the speed limits specified in this division, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in the table in (C) below for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicle or vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the center line of travel under test procedures established by (D) below. If the distance of the measuring instrument from the center line of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.
(C) Noise limit in relation to the legal speed limit. The table below applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of the town code relating to motor vehicle muffler or noise control:
NOISE IN RELATION TO LEGAL SPEED LIMIT | ||
Type of Vehicle | 38 mph or less | Over 38 mph |
Any motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more and any combination of vehicles towed by such motor vehicle | 88 dBA | 92 dBA |
Any motorcycle | 82 dBA | 86 dBA |
Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle | 76 dBA | 82 dBA |
(D) The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by A.N.S.I. The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noise interfere with the primary noise being measured.
(E) Every motor vehicle and motorcycle shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dBA levels set forth in the table in (C) above. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Every motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dBA levels set forth in the table in (C) for 35 mph or less.
(F) No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass and no person shall operate a motor vehicle or motorcycle which has been so modified.
(G) No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property, in such a manner as to create a noise disturbance across a real property boundary or in a noise sensitive area.
(Ord. passed 8-5-91) Penalty, see § 130.99