(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMBINATION VEHICLE. Any combination of truck, truck tractor, trailer, semitrailer or pole trailer used upon the highways or streets in the transportation of passengers or property.
DECIBEL. A unit of sound level on a logarithmic scale measured relative to the threshold of audible sound by the human ear, in compliance with American National Standards Institute Standard S1.1-1960.
DECIBELS ON THE A-WEIGHTED NETWORK or DBA. Decibels measured on the a-weighted network of a sound level meter, as specified in American National Standards Institute Standard S1.4-1971.
EXHAUST SYSTEM. The system comprised of a combination of components which provides for enclosed flow of exhaust gas from engine parts to the atmosphere.
FAST METER RESPONSE. The meter ballistics of meter dynamic characteristics as specified by American National Standard S1.4-1971.
GROSS VEHICLE WEIGHT RATING. The value specified by the manufacturer as the loaded weight of a vehicle.
MAXIMUM NOISE. The noise emitted from a vehicle during that manner of operation which causes the highest DBA level possible from that vehicle.
MUFFLER. A device for abating the sound of escaping gases of an internal combustion engine.
NOISE. Any sound.
TOTAL NOISE. Noises radiating from a vehicle, but does not include noises emitted from a horn, siren, bell or other similar device of an authorized emergency vehicle.
(B) A motor vehicle, while being operated on a highway or street, shall be equipped with an exhaust system in good working order to prevent excessive or unusual noise and shall be equipped to prevent noise in excess of the limits established in this section. For purposes of this section, a motor vehicle does not include a special mobile equipment.
(C) A motor vehicle shall not be operated or driven on a highway or street if the motor vehicle produces total noise exceeding one of the following limits at a distance of 50 feet, except as provided in divisions (C)(2)(c) and (C)(3)(c) below.
(1) A motor vehicle with a gross weight or gross vehicle weight rating of 8,500 pounds or more, combination vehicle with gross weight or gross vehicle weight ratings of 8,500 pounds or more:
(a) Ninety DBA if the maximum lawful speed on the highway or street is greater than 35 mph;
(b) Eighty-two DBA if the maximum lawful speed on the highway is not more than 35 mph; and
(c) Eighty-eight DBA under stationary run-up test.
(2) A motorcycle or a moped:
(a) Eighty-six DBA if the maximum lawful speed on the highway is greater than 35 mph;
(b) Eighty-two DBA if the maximum lawful speed on the highway is not more than 35 mph; and
(c) Ninety-five DBA under stationary run-up test at 75 inches.
(3) A motor vehicle or a combination of vehicles towed by a motor vehicle not covered in divisions (C)(1) or (C)(2) above:
(a) Eighty-two DBA if the maximum lawful speed on the highway or street is greater than 35 mph;
(b) Seventy-six DBA if the maximum lawful speed on the highway or street is not more than 35 mph; and
(c) Ninety-five DBA under stationary run-up test 20 inches from the end of the tailpipe.
(D) A dealer shall not sell or offer for sale for use upon a street or highway in the state a new motor vehicle manufactured after 4-1-1978, which produces a maximum noise exceeding the following limits:
(1) A motor vehicle with a gross vehicle weight rating of 8,500 pounds or more: 83 DBA;
(2) A motorcycle or moped: 83 DBA; and
(3) A motor vehicle not covered in divisions (D)(1) or (D)(2) above: 80 DBA.
(E) A person shall not operate a vehicle on a highway or street if the vehicle has a defect in the exhaust system which affects sound reduction, is not equipped with a muffler or other noise dissipative device, or is equipped with a cutout, bypass, amplifier or a similar device.
(F) A person, either acting for himself or herself or as the agent or employee of another, shall not sell, install, or replace a muffler or exhaust part that causes the motor vehicle to which the muffler or exhaust part is attached to exceed the noise limits established by this section or a rule promulgated by the Department of State Highways and Transportation pursuant to Public Act 306 of 1969, as amended, being M.C.L.A. §§ 24.201 to 24.315.
(G) A person shall not modify, repair, replace or remove a part of an exhaust system causing the motor vehicle to which the system is attached to produce noise in excess of the levels established by this section, or operate a motor vehicle so altered on a street or highway.
(H) A dealer shall not sell a used or secondhand motor vehicle for use upon a street or highway which is not in compliance with this section.
(I) If it is known that the noise level of a motor vehicle is in excess of the DBA levels established in this section, that evidence shall be prima facie evidence that the motor vehicle was producing excessive noise in violation of this section.
(J) Test instrumentation and procedures used for implementation and enforcement of this section shall substantially conform with applicable standards and recommended practices established by the Society of Automotive Engineers, Inc., and the American National Standards Institute, Inc. for the measurement of motor vehicle sound levels. Rules establishing these test procedures shall be promulgated by the Department of State Highways and Transportation. The rules may provide for measurement other than the distance specified in division (C) above; provided that, the decibel limits applied at the other distances are adjusted accordingly, to meet the standards in division (C) above. The rules shall be promulgated pursuant to Public Act 306 of 1969, as amended, being M.C.L.A. §§ 24.201 to 24.315.
(Prior Code, § 35-7) (Ord. 681, passed 2-2-1981; Ord. 729, passed 4-26-1982) Penalty, see § 70.999