(A) It is unlawful for the driver of any motor vehicle to activate or use an internal combustion engine-powered vehicle on any posted public ways, including but not limited to streets, alleys, easements, or right-of-ways established for vehicle operation within the city while said vehicle or operator is utilizing an engine brake without an exhaust muffler sufficient to prevent the creation of excessively loud noises by said vehicle, due to improperly maintained, defective or modified muffler systems, except when the use of such engine brake is necessary in an emergency situation. This section is not intended to prohibit the passage of vehicles equipped with engine brakes in posted areas, but rather to limit the use of such equipment in posted areas under the aforesaid circumstances.
(B) As used in this section:
ENGINE BRAKE means a device that retards the motion of a motor vehicle by using the compression of the engine of the motor vehicle.
ENGINE-BRAKING is defined as the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle.
EXCESSIVELY LOUD is defined as being audible at a distance of 50 feet from the building, structure, or vehicle in which it is located and shall be prima facie evidence of a violation of this section.
(C) The penalty for violation of this section shall be a minor misdemeanor.
(D) There is an affirmative defense to a charge under this section when regular brakes are inadequate to control the vehicle or that use of the braking device was necessary to avoid a collision or keep the vehicle under control.
(E) This section does not apply to emergency vehicles as defined in R.C. § 4511.01.
(Ord. 06-02-007, passed 3-13-2006)