(A) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. All definitions and terminology used in this section, not defined below, shall be in conformity 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). A weighted scale of measuring decibels as defined in the American National Standards Institute Bulletin.
DECIBEL (dB). A unit of sound pressure measurement as defined by the American National Standards Institute.
MODIFIED EXHAUST SYSTEM. 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 VEHICLE. Any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all-terrain vehicles, go- carts, minibikes, trail bikes, and trucks.
NOISE LEVEL. The A-weighted sound level produced by a motor vehicle.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disk player, loud speaker, or other electronic device used for the amplification of the human voice, music, or any other noise or sound.
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. This instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute. 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.
(B) No person shall cause noise levels from the operation of a motor vehicle with gross vehicular weight of 10,000 pounds or less in excess of 80 dB(A) in any area within the corporate limits of the village, at any time of the day, and regardless of the specified speed limit up to 45 miles per hour zones. This noise level limit of 80 dB(A) shall be based on distance of not less than 15 feet from the noise source.
(C) No person shall cause noise levels from the operation of a motor vehicle with gross vehicular weight of more than 10,000 pounds in any area within the corporate limits of the village at any time of the day in excess of the following limits:
(1) Eighty-eight dB(A) from a distance of 50 feet under stationary runup;
(2) Eighty-six dB(A) from a distance of 50 feet for speeds under 35 mph; and
(3) Ninety dB(A) from a distance of 50 feet for speeds over 35 mph.
(D) No person shall 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, de- acceleration, revving, or tire squealing.
(E) (1) No operator of a motor vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon, or is parked upon or standing upon the public right-of-way or upon private property.
(2) It is an affirmative defense to a charge under this division (E) that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply.
(a) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition.
(b) The vehicle was an emergency or public safety vehicle.
(c) The vehicle was owned and operated by the village or a gas, electric, communications, refuse, or water utility company.
(d) The vehicle was being used in a parade, and the person or organization conducting the parade had obtained a parade permit from the appropriate village agency.
(F) In any criminal 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.
(G) Any emission of noise from any motor vehicle source in excess of the limitations established by this section shall be deemed and is declared to be a public nuisance.
(H) (1) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this division (H), EARPHONES means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. EARPHONES does not include speakers or other listening devices that are built into protective headgear.
(2) This division (H) does not apply to:
(a) Any person wearing a hearing aid;
(b) Law enforcement personnel while on duty;
(c) Fire personnel and emergency medical service personnel while on duty;
(d) Any person engaged in the operation of equipment for use in the maintenance or repair of any street or highway; or
(e) Any person engaged in the operation of refuse collection equipment.
(Ord. 198.331.43, passed 5-7-2002)