(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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).
DECIBEL (db). A unit for measuring the volume of a sound, and equal to 20 times the logarithm to, the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
MODIFIED AND DEFECTIVE EXHAUST SYSTEMS. An exhaust system in which the original noise abatement devices have been physically altered, causing them to be less effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices so that noise levels are increased.
MOTOR VEHICLE. Includes but is not limited to automobiles, motorcycles, mopeds, trucks and recreational vehicles.
NOISE LEVEL. The A-weighted sound level produced by or from a motor vehicle.
PERSON. Any individual, association, partnership or corporation which includes any officer, employee, department, agency or instrumentality.
PUBLIC WAY. Any area over which the public has a right-of-way. By way of example and not of limitation, streets, alleys and sidewalks are PUBLIC WAYS.
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. The instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute (ANSI). Readings shall be made on a db (A) scale.
TRAFFIC NOISE. Sound made by or from a motor vehicle operated either on the public right-of-way or private property.
(B) All definitions and terminology used in this section and not defined above shall be defined in conformance with, and applicable publication of, the American National Standards Institute (ANSI) or its successor body.
(C) It shall be unlawful for any person to cause noise levels from the operation or use of motor vehicles in excess of 83 db (A) in any area within the corporate limits of the city at any time. This noise level limit shall be measured on a distance of not less than 15 feet from the noise source.
(D) (1) It shall be unlawful for any person to so operate, cause to operate or use a motor vehicle to cause excessive noise levels as a result of a defective of modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal, or as the result of the operation of audio devices such as, but not limited to, radios, phonographs and tape players on or from the vehicle.
(2) It shall be unlawful for any person, during the operation of any motor vehicle, to engage or cause to be engaged an exhaust brake on said motor vehicle, which is sometimes known as a “jake brake.”
(E) The following are exempted from the provisions of this section:
(1) Sound emitted from sirens of authorized emergency vehicles;
(2) Lawnmowers, garden tractors and similar home power tools when properly muffled;
(3) Burglar alarms on motor vehicles of the electronic signaling type which transmit an audible signal to a receiver which can be carried by the owner or operator of the vehicle.
(F) In any criminal prosecution for a violation of this section, the court may admit evidence of a noise level as tested by a sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for type II equipment. A person shall be found guilty of violation of this section for the emission of the excessive noise from or on any motor vehicle source in excess of the limitations established herein.
(Ord. 559, passed 6-30-1981; Am. Ord. 1101, passed 3-7-16) Penalty, see §
10.99