§ 90.01 VEHICLES AS NUISANCES.
   (A)   Excessive noises.
      (1)   No person shall operate a motor vehicle which causes excessive noise as a result of a defective or modified exhaust system, or as a result of an unnecessarily rapid acceleration, deceleration, revving, or tire squealing.
      (2)   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, private property.
      (3)   It is an affirmative defense to a charge under this section 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 and 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; or
         (d)   The vehicle was being used in a parade, and the person or organization conducting the parade has obtained a parade permit from the appropriate village agency.
      (4)   Signs shall be posted at all major points in the village indicating that such excessive, loud, unusual, or explosive noises (including Jake Braking, see division (C) below) emanating from a vehicle are prohibited in the village.
   (B)   Trespassing or using private property.
      (1)   No person shall operate a vehicle across public or private property marked with signs “No Through Traffic”, or words of similar import, for the purpose of passing from one roadway to another.
      (2)   No person shall operate a vehicle across public or private property for the purpose of avoiding compliance with a traffic control device.
      (3)   It shall be prima facie evidence of a violation of this section for the operator of a vehicle to cross public or private property, as provided herein, without using the service of such property, stopping the engine, or both.
   (C)   Other vehicular nuisances. It shall be unlawful for the driver of any vehicle to use or operate, or cause to used or operated, within the village any mechanical exhaust device or other method designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle, or otherwise known as “Jake Braking”.
(Ord. 545, passed 12-18-2006) Penalty, see § 90.99