(a) No person shall operate a commercial motor vehicle which causes excessive noise levels, as a result of a defective or modified exhaust system, including any muffler component.
(b) No person shall use an engine decompression braking system, or the other use of an engine transmission, or associated component parts or mechanical device to slow, stop, brake or otherwise engage in the practice commonly known as "jake braking" when it results in a loud, cracking, chattering or explosive noise. Any such noise observed as audible at a distance of 150 feet from the motor vehicle shall constitute evidence of a prima facie violation of this section regardless of the use of decibel-measuring equipment.
(c) Operators of emergency or public safety vehicles; or other vehicles owned or operated by the Village of Yellow Springs, a public utility or another political subdivision (including school buses) are exempt from this section.
(d) As an affirmative defense, an operator may establish that engine braking was safe and necessary due to a hazardous unforeseen road condition (as opposed to static conditions such as the posted speed limit or geographic features such as the grade or slope of the roadway).
(e) Village personnel are authorized to place signs at the corporation limits consistent with those recommended by the Ohio Department of Transportation Traffic Engineering Manual in all locations necessary to provide proper notice that violators may be cited for excessive noise.
(f) Violation of this section may result in a civil infraction citation subject to a maximum fine of $100 in Yellow Springs Mayor's Court if observed by a peace officer or other competent witness. Any civilian witness may document an incident with audio or video evidence from personal devices without a requirement to apply for surveillance technology, funding or use under Chapter 607 of the Village Codified Ordinances.
(Ord. 2020-38. Passed 12-21-20.)