(A) Definitions. For the purposes of this section, the following phrases are defined as follows:
ABNORMAL OR EXCESSIVE NOISE.
(a) Distinct and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort and repose of any person or precludes their enjoyment of property or affects their property’s value;
(b) Noise in excess of that permitted by M.S. § 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working condition; or
(c) Noise in excess of that permitted by M.S. § 169.693 and Minn. Rules parts 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.
ENGINE BRAKE. A dynamic brake, Jake brake, Jacobs brake, c-brake, Paccar brake, transmission brake or other similar engine braking device or system that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.
(B) Excessive vehicle noise.
(1) It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations.
(2) It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot or alley within the city which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency.
(3) Any person, firm, or corporation who violates any provision of this section shall, upon conviction, be guilty of a petty misdemeanor and punished by a fine of no more than $300.
(C) Signing. Signs stating “NO ENGINE BRAKING” may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this section, except that no sign stating “NO ENGINE BRAKING” shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this section are in full force and effect even if no signs are installed.
(Ord. 2006, passed 12-22-20)