(a) Definitions. As used in this section, except where defined in this subsection, terminology shall conform to applicable publications of the American National Standards Institute or its successor body. Such publications shall be on file in the office of the Clerk of Council. The Clerk shall have copies thereof available for distribution at cost.
(1) “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated as dB(A) or dBA.
(2) “Noise level” means the A-weighted sound level produced by a light motor vehicle.
(3) “Sound level meter” means an instrument which includes a microphone, amplifier, root-mean-square detector, integrator, time averagor or output meter and weighing networks used to measure sound pressure levels. A sound level meter shall comply with the standards for Type 1 or Type 2 sound level meters as specified in American National Standards Institute Standard ANSI S1.4 1971 or its successor.
(4) “Sound pressure level” means twenty times the logarithm to the base ten of the ratio of the root-mean-square sound pressure to the reference pressure of twenty micropascals. Sound pressure level is expressed in decibels.
(5) “Noise” means a sound which annoys or disturbs persons or which causes or tends to cause an adverse psychological or physiological effect thereon.
(6) “Light motor vehicle” means an automobile, van, motorcycle, motor-driven cycle, motor scooter or truck with a gross vehicular weight of less than 10,000 pounds.
(7) “Modified exhaust system” means an exhaust system in which one of the following applies:
A. The original noise abatement devices have been physically altered, causing them to be less effective in reducing noise.
B. The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices.
C. Devices have been added to the original noise abatement devices such that noise levels are increased.
(b) Limits.
(1) No person shall cause noise levels, from the operation of a light motor vehicle in excess of eight dBA in the Municipality. A measurement of noise shall be made on pedestrian walkways or on other suitable locations at a point not less than fifteen feet from the near edge of the closed usable lane in accordance with procedures outlined in the Code of Recommended Practices of the Society of Automotive Engineers. The Clerk shall have copies of such Code available for distribution at cost.
(2) No person shall operate a light motor vehicle which causes excessive noise levels as a result of a defective of modified exhaust system or as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal. At the request of the operator of the light motor vehicle, a police officer may administer a stationary motor vehicle noise test as outlined in the Code of Recommended Practices. The stationary motor vehicle noise test can provide information as to the extent of defectiveness of an exhaust system of a light motor vehicle or as to whether or not excessive noise levels are caused by improper operation of the light motor vehicle.
(Ord. 80-32. Passed 9-15-80.)
(c) Any emission of noise from any motor vehicle in excess of the limitations established by subsection (b) hereof is hereby declared to be a public nuisance.
(d) In any criminal prosecution for a violation of subsection (b) hereof the court may admit evidence of a noise level as tested by any sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for type II equipment.
(Ord. 94-23. Passed 6-20-94.)
(e) Exceptions. Subsections (A) through (d) hereof do not apply to public service vehicles or public safety vehicles.
(f) Penalty. Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 80-32. Passed 9-15-80; Ord. 02-22. Passed 6-17-02.)