§ 25-67. Vehicular noise; violations.

(a)

It shall be unlawful for any person within any residential area of this city to repair, rebuild or test any motor vehicle between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner as to create an excessive, unnecessary or offensive noise that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance.

(b)

No person shall operate or cause to operate any motor vehicle unless the exhaust system of such vehicle:

(1)

Is free from defects which may cause sound level magnification;

(2)

Is equipped with a muffler;

(3)

Has not been modified in such a manner which will amplify or increase the sound level emitted by the motor of such vehicle above that emitted by a muffler originally installed on the vehicle as manufactured for initial sale.

(c)

Sound amplification systems in vehicles; limitations on use.

(1)

Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle which:

(A)

Can be heard outside the vehicle from fifty (50) or more feet; or

(B)

Annoys or disturbs the quiet, comfort or repose of any reasonable person in the vicinity; unless the system is being operated to request assistance of an emergency nature or to warn of a hazardous situation.

(2)

In addition to other specific exemptions authorized by this chapter, subsection (c) of this section shall not apply to:

(A)

A vehicle operated by a gas, electric, communications, water utility company, or governmental entity; or

(B)

A vehicle used for advertising in a parade or in a political or other special event permitted by the city.

(d)

For the purpose of subsection (c) above, "sound amplification system" means any device, instrument or system, whether electrical, mechanical or otherwise for amplifying sound or for producing or reproducing sound, including but not limited to any radio, stereo, musical instrument, phonograph, or sound or musical recorder or player.

(e)

A violation of any provision of this section shall be deemed a public nuisance. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor and shall be punished in accordance with state law. Each day a violation continues or exists shall be a separate offense subject to punishment as a separate misdemeanor.

(Ord. No. 1567, § 2, 11-8-88; Ord. No. 2186, § 11, 2-27-01)

Cross reference

Unnecessary vehicle noise, § 24-94.