§ 97.12  RAIL CARRIER OPERATION.
   (A)   No rail carrier shall operate any locomotive, when connected to a load and in a stationary position, in such a manner that the sound level emitted by the locomotive exceeds the level set forth in Table 6 below. All readings shall be taken at 100 feet (30 meters).
 
TABLE 6
RAIL CARRIER SOUND LIMITS AND STATIONARY CONDITIONS
Sound Level, in dBA
Throttle Setting at Idle
Throttle Setting at Any Other Setting
Manufactured on or before December 31, 1979
73 dBA
93 dBA
Manufactured after December 31, 1979
70 dBA
87 dBA
 
   (B)   (1)   No rail carrier shall operate any locomotive or combination of locomotives when moving at any time under any condition of grade, load, acceleration, or deceleration in such a manner that the sound level emitted by the locomotive exceeds the level set forth in Table 7. All readings shall be taken at 100 feet (30 meters) from the centerline of any section of track which exhibits less than a two-degree curve or a radius of curvature greater than 2,865 feet (873 meters).
 
TABLE 7
RAIL CARRIER OPERATIONS UNDER MOVING CONDITIONS
Sound Level Limit, in dBA
Manufactured on or before December 31, 1979
96 dBA
Manufactured after December 31, 1979
90 dBA
 
      (2)   No rail carrier shall operate any rail car or combination of rail cars which while in motion produce sound levels in excess of:
         (a)   Eighty-eight dBA at rail car speeds up to and including 45 mph (72 km/hr); or
         (b)   Ninety-three dBA at rail car speeds greater than 45 mph (72 km/hr)
   All measurements shall be taken in accordance with procedures outlined in this section and on any section of track which is free of special track work or bridge or trestles.
   (C)   Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin, or in any other manner regulate the movement of rail carriers which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.
(Ord. 1766, passed 6-14-01)