Sec. 22-52. - Motorized vehicles.

(a)

No person shall operate the engine providing motive power, or any auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table II, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.

(b)

No person shall operate, within the speed limits specified in this section, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in table II for the category of motor vehicle, based on the legal speed limit, posted or not, of the road or way on which such vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the centerline of travel under test procedures established by subsection (c) of this section. If the distance of the measuring instrument from the centerline of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.

Table II. Noise Limit in Relation to the Legal Speed Limit 35 mph or less Over 35 mph

(1) Any motor vehicle with a manufacturer's gross vehicle weight rating 10,000 pounds or more and any combination of vehicles owed by such motor vehicle 88 dB(A) 92 dB(A)

(2) Any motorcycle 82 dB(A) 86 dB(A)

(3) Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle 76 dB(A) 82 dB(A)

This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of this Code relating to motor vehicle muffler or noise control.

(c)

Every motor vehicle and motorboat shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dB(A) levels set forth in table II. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle.

(d)

No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass and no person shall operate a motor vehicle or motorcycle which has been so modified if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels as prescribed by table I.

(e)

No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property, in such a manner as to create a noise disturbance across a real boundary.

(f)

There shall be no purposeful operator intent to create excessive engine noise, such as blatantly excessive engine revving (rapid throttle advance) and acceleration resulting in unnecessary, excessive, or offensive noise as defined herein.

(Code 1986, § 9-21; Ch. 849, § 1, 7-7-2004; Ch. 900, § 1, 7-7-2008)