(A) (1) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates.
(2) No person shall own, operate or have in the person’s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
(3) Whoever violates this division (A) is guilty of a minor misdemeanor.
(R.C. § 4513.22)
(B) For the purpose of this section, the following definitions shall apply. All definitions and terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
db(A) or dBA. A weighted scale for measuring decibels as defined in the American National Standards Institute Bulletin.
DECIBEL or (db). A unit of sound pressure measurement as defined by the American National Standards Institute Bulletin.
MODIFIED EXHAUST SYSTEMS. An exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased.
MOTOR VEHICLES. Any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all terrain vehicle, go-cart, minibike, trailbike, or truck with gross vehicular weight of less than 8,000 lbs.
NOISE LEVEL. The A-weighted sound level produced by a motor vehicle.
PERSON. Any individual, association, partnership, or corporation, including any officer, employee, department, agent, or instrumentality.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American Standards Association. Readings shall be made on a dB(A) scale.
TRAFFIC NOISE. Sound made by a motor vehicle operated either on the public right-of-way or private property.
(C) It shall be unlawful for any person to cause noise levels from the operation of motor vehicles in excess of 80 dB(A) in any area within the corporate limits of the municipality at any time of the day, and regardless of the specified speed limit up to a 35 m.p.h. zone. Such noise level limit of 80 dB(A) shall be based on distance of not less than 15 feet from the noise source.
(D) It shall be unlawful for any person to operate a motor vehicle which causes excessive noise levels as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, deceleration, engine revving, or tire squealing.
(E) In any prosecution for a violation of this section, 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. If there was at the time, a measured noise level result that exceeds the prohibitions herein, it shall be prima-facie evidence that the defendant was in violation of this section.
(F) Every person convicted of a violation of divisions (D) or (E) of this section shall be guilty of emission of excessive noise, a minor misdemeanor.
('80 Code, § 72.89) (Ord. 79-7, passed 3-20-79)