(A) Every motor vehicle driven or operated upon the streets, roads, alleys and highways of the city shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this section.
(B) No driver of a commercial vehicle, as defined in ILCS Ch. 625, Act 5, § 1-111.8 of the Illinois Vehicle Code shall operate or cause to be operated or actuate any engine braking system that emits excessive noise.
(C) No person shall operate or cause to be operated within the city limits of the City of Paxton, Illinois, any compression/release engine brake on any vehicle while parking or decelerating. For purposes of this section, COMPRESSION/RELEASE ENGINE BRAKE is defined as any mechanical exhaust device designed to aid in the parking or deceleration of any vehicle by converting engine power to compressed air which results in excessive, loud, unusual, or explosive noise from such vehicle and which is otherwise known as JAKE-BRAKING.
(D) This section does not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise.
(E) It is a defense to this section that the driver or person used an engine braking system that emits excessive noise or who operated or caused to be operated or actuated a compression/release engine brake did so in an emergency to avoid a collision with a person or another vehicle on the street, road, highway or alley.
(F) Appropriate signs shall be posted at the city limits of the City of Paxton, Illinois, on every road or highway entering the c, which signs shall advise all persons entering the city on such roads or highways, that excessive engine braking noise is prohibited within the limits of the city. All signs shall be of the type and size approved by the Illinois Department of Transportation and shall be in accordance with ILCS Ch. 625, Act 5, § 12-602.1 of the Illinois Vehicle Code.
(Ord. 04-06, passed 3-8-04; Am. Ord. 07-25, passed 8-13-07) Penalty, see § 71.999