(a) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. All definitions and terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(1) “A-weighted sound level” means 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.
(2) “dB(A)” means a weighted scale for measuring decibels as defined in the American National Standards Institute Bulletin.
(3) “Decibel (db)” means a unit of sound pressure measurement as defined by the American National Standards Institute Bulletin.
(4) “Modified exhaust system” means an exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased.
(5) “Motor vehicle” means any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all terrain vehicles, go- carts, minibikes, trail bikes and trucks.
(6) “Noise level” means the A-weighted sound level produced by a motor vehicle.
(7) “Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator, or time averager, output meter and weighting networks used to measure sound pressure levels. This instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute. Readings shall be made on a dB(A) scale.
(8) “Traffic noise” means sound made by a motor vehicle operated either on the public right of way or private property.
(b) No person shall cause noise levels from the operation of a motor vehicle with gross vehicular weight of 10,000 pounds or less in excess of 80 dB(A) in any area within the corporate limits of the Village, at any time of the day, and regardless of the specified speed limit up to 45 mph zones. This noise level limit of 80 dB(A) shall be based on distance of not less than 15 feet from the noise source.
(c) No person shall cause noise levels from the operation of a motor vehicle with gross vehicular weight of more than 10,000 pounds in any area within the corporate limits of the Village at any time of the day in excess of the following limits:
(1) 88 dB(A) from a distance of 50 feet under stationary runup;
(2) 86 dB(A) from a distance of 50 feet for speeds under 35 mph; and
(3) 90 dB(A) from a distance of 50 feet for speeds over 35 mph.
(d) No person shall operate a motor vehicle which causes excessive noise levels, as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, de-acceleration, revving or tire squealing.
(e) In any criminal prosecution for a violation of this section, the Court may admit evidence of a noise level as tested by any sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for type II equipment.
(f) Any emission of noise from any motor vehicle source in excess of the limitations established by this section shall be deemed and is declared to be a public nuisance.
(g) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.