As used in this article, the following terms
shall have the meaning indicated:
Any combination of truck, truck tractor, trailer, semitrailer
or pole trailer used upon the highways or streets in the transportation
of passengers or property.
The system comprised of a combination of components which
provides for enclosed flow of exhaust gas from engine parts to the
atmosphere.
The meter ballistics of meter dynamic characteristics as
specified by American National Standard S 1.4-1971.
The value specified by the manufacturer as the loaded weight
of a vehicle.
The noise emitted from a vehicle during that manner of operation
which causes the highest dB(A) level possible from that vehicle.
A two- or three-wheeled vehicle which is equipped with a
motor that does not exceed 50 cubic centimeters piston displacement,
produces two brake horsepower or less and cannot propel the vehicle
at a speed greater than 30 miles per hour on a level surface. The
power drive system shall not require the operator to shift gears.
A device for abating the sound of escaping gases of an internal
combustion engine.
Noises radiating from a vehicle, but does not include noise
emitted from a horn, siren, bell or other similar device of an authorized
emergency vehicle.
A.
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 Subsection A(2)(c) and (3)(c) hereof:
(1)
A motor vehicle with a gross weight or gross vehicle
weight rating of 8,500 pounds or more or a combination vehicle with
gross weight or gross vehicle weight ratings of 8,500 pounds or more:
(2)
A motorcycle or moped:
(3)
A motor vehicle or a combination of vehicles towed by a motor vehicle not covered in Subsection A(1) or (2) hereof:
(a)
Eighty-three dB(A) if the maximum lawful speed
on the highway or street is greater than 35 miles per hour;
(b)
Seventy-six dB(A) if the maximum lawful speed
on the highway or street is not more than 35 miles per hour; and
(c)
Ninety-five dB(A) under a stationary run-up
test 20 inches from the end of the tailpipe.
B.
This section applies to the total sound of a motor
vehicle or a combination of vehicles towed by such motor vehicle and
shall not be construed as limiting or precluding the enforcement of
any other ordinances of the City relating to motor vehicle noise.
C.
Test procedures under this section shall comply with
those established pursuant to MSA 9.2407(5).
A.
A motor vehicle, including every motorcycle and moped
while being operated on a highway, street or other public right-of-way,
shall be equipped with an exhaust system in good working order and
in constant operation to prevent excessive or unusual noise and shall
be equipped to prevent noise in excess of the limits established in
this section. Evidence that a motor vehicle was operated at a noise
level in excess of the limits in this section shall be prima facie
evidence that the motor vehicle was producing excessive noise.
No person shall operate a vehicle, including
a motorcycle or moped, 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 cut-out, bypass, amplifier or similar device.
No person, acting either for himself or herself
or as the agent or employee of another, shall 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 chapter.
No person shall 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 limits established
by this chapter or operate a motor vehicle so altered on a street
or highway, nor shall any person knowingly install a muffler or exhaust
system which, at the time of installation, exceeds the decibel limits
of this chapter.
A.
A sound level meter shall be used which has the capacity
to give measurement of sound using the A-weighted network and measurements
recorded in terms of dB(A). The sound level meter shall meet or exceed
the requirements for a type 2 sound level meter as specified in American
National Standard Specifications for Sound Level Meters (ANSI S 1.1-1971),
approved April 2, 1971, issued by the American National Standards
Institute.
B.
Test instrumentation and procedures used for implementation
and enforcement of this chapter shall substantially conform to applicable
standards and recommended practices established by the Society of
Automotive Engineers and the American National Standards Institute
for the measurement of motor vehicle sound levels. The rules may provide
for measurement at other than the distance specified herein, provided
that the decibel limits applied at the other distances are adjusted
accordingly.
