§ 446.01 DECLARATION OF FINDINGS AND POLICY.

   Because excessive noise from light motor vehicles is a serious hazard to the public health, welfare and safety and the quality of life; and because a substantial body of science and technology now exists by which excessive noise from light motor vehicles may be substantially abated, and because the people have a right to and should be ensured an environment free from excessive noise that may jeopardize their health, welfare or safety or degrade the quality of life, it is the policy of the city to prevent excessive noise which may jeopardize the health, welfare or safety of its residents or degrade the quality of life.

(Ord. 1989-229, passed 10-2-1989)

§ 446.02 SCOPE.

   This chapter shall apply to the control of all noise caused by light motor vehicles and originating within the limits of the city.

(Ord. 1989-229, passed 10-2-1989)

§ 446.03 DEFINITIONS.

   All terminology used in this chapter that is not defined below shall be in conformity with applicable publications of the American National Standards Institute (ANSI) or its successor body.

   (a)   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.

   (b)   LIGHT MOTOR VEHICLE. For purposes of §§ 446.04 to 446.07, means any automobile, van, motorcycle, motor driven cycle, motor scooter or light truck with a gross vehicular weight of less than 8,000 pounds.

   (c)   MODIFIED EXHAUST SYSTEM. An exhaust system in which one or more of the following are true:

      (1)   The original noise abatement devices have been physically altered causing them to be less effective in reducing noise;

      (2)   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; and/or

      (3)   Devices have been added to the original noise abatement devices, such that noise levels are increased.

   (d)   NOISE. Any sound that annoys or disturbs humans or that causes or tends to cause an adverse psychological or physiological effect on humans.

   (e)   NOISE LEVEL. The A-weighted sound level produced by a light motor vehicle.

   (f)   PERSON. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

   (g)   RESIDENTIAL AREA. Areas set forth as R-1-A, R-1-B, R-1-C, R-1-D, R-1-E, R-1-F, R-2, R-3, R-3-A or R-3-B in §§ 1262.01 and 1262.02 of the Planning and Zoning Code.

   (h)   SOUND LEVEL METER. An instrument that includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks and that is used to measure sound pressure levels. The instrument 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.

   (i)   SOUND PRESSURE LEVEL. Twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. The sound pressure level is expressed in decibels.

(Ord. 1989-229, passed 10-2-1989)

§ 446.04 NOISE LIMIT.

   (a)   No person shall cause noise levels from the operation of a light motor vehicle in excess of 80 dBA at any location within the corporate limits of the city. Measurement can be made at any distance greater than or equal to 15 feet from the closest approach to the vehicle at any suitable site in accordance with procedures outlined in the Code of Recommended Practices on file with the Clerk of Council.

   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on any subsequent offense.

(Ord. 1989-229, passed 10-2-1989)

§ 446.05 EXCESSIVE NOISE.

   (a)   No person shall operate a light motor vehicle such as to cause excessive noise levels as a result of a defective or modified exhaust system, or as a result of unnecessarily rapid acceleration, deceleration, revving or tire squealing.

   (b)   No person shall play any radio, music player, such as a “boom box,” tape cassette, disc player, television, audio system, musical instrument or any other type of sound device upon any public road, street, highway or private property in this municipality in a manner or at a volume so as to disturb the quiet, comfort or repose of other persons.

   (c)   Whoever violates this section is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on any subsequent offense. In addition, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.

(Ord. 1991-193, passed 11-4-1991)