ARTICLE II. NON-VEHICULAR NOISE
114-26 Applicability.
The provisions of this article apply only to motor vehicles as defined in the Michigan Vehicle Code, being 1949 PA 300, as amended (MCLA 257.1 et seq.), in operation on a public right-of-way. The definitions provided in the Michigan Vehicle Code shall apply to this article.
(Ord. No. 2304, § 1(B), 8-12-13)
114-27 Horns and other warning devices.
A person shall not operate a motor vehicle in a manner or with equipment that does not comply with the following requirements:
(1) A motor vehicle, when operated upon a highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet but a horn or other warning device shall not emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his horn but shall not otherwise use the horn.
(2) A vehicle shall not be equipped with nor shall a person use upon a vehicle a siren, whistle, or bell, except as otherwise permitted in this section.
(3) A commercial vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
(4) An authorized emergency vehicle may be equipped with a siren, whistle, air horn, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law. In those cases the driver of the vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the approach of the vehicle.
(5) A motor vehicle licensed as a historic vehicle may be equipped with a siren, whistle, or bell which may be used when participating in a parade, exhibition, tour, or similar event.
(Ord. No. 2304, § 1(B), 8-12-13)
114-28 Mufflers and exhaust systems.
(a) A person shall not operate a motor vehicle unless the motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. A person shall not remove, destroy, or damage any of the baffles contained in the muffler, nor shall a person use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway or street.
(b) A person shall not operate a motor vehicle unless the engine and power mechanism of the motor vehicle are so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(c) A person shall not operate a motor vehicle unless the motor vehicle is equipped with a properly operating exhaust system, which shall include a tailpipe and resonator on a vehicle where the original design included a tailpipe and resonator.
(Ord. No. 2304, § 1(B), 8-12-13)
114-29 Exhaust systems and backfiring devices.
(a) A person shall not operate a motor vehicle unless the vehicle is equipped with an exhaust system in good working order to prevent excessive or unusual noise and is equipped to prevent noise in excess of the limits established in section 114-30.
(b) No person shall introduce any gasoline, foreign material or obstruction into the muffler or exhaust pipe which causes or is capable of causing exhaust gases to ignite, burn, or flash in any manner or form.
(c) For purposes of sections 114-28 to 114-31 of this article, a motor vehicle does not include special mobile equipment.
(Ord. No. 2304, § 1(B), 8-12-13)
114-30 Vehicle noise limits.
(a) A person shall not operate a motor vehicle 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 subsections (a)(2)(c) and (3)(c) of this section:
(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 dB(A) if the maximum lawful speed on the highway or street is greater than 35 miles per hour.
b. Eighty-six dB(A) if the maximum lawful speed on the highway or street is not more than 35 miles per hour.
c. Eighty-eight dB(A) under stationary run-up test.
(2) A motorcycle or a moped:
a. Eighty-six dB(A) if the maximum lawful speed on the highway or street is greater than 35 miles per hour.
b. Eighty-two dB(A) if the maximum lawful speed on the highway or street is not more than 35 miles per hour.
c. Ninety-five dB(A) 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 subsection (a)(1) or (2) of this section:
a. Eighty-two 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.
c. Ninety-five dB(A) under stationary run-up test 20 inches from the end of the tailpipe.
(b) A dealer shall not sell or offer for sale for use upon a street or highway a new motor vehicle manufactured after April 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 dB(A).
(2) A motorcycle or a moped: 83 dB(A).
(3) A motor vehicle not covered in subsection (b)(1) or (2) of this section: 80 dB(A).
(c) 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.
(d) 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 article.
(e) 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 article, or operate a motor vehicle so altered on a street or highway.
(f) 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 article.
(Ord. No. 2304, § 1(B), 8-12-13)
114-31 Test procedures.
Test instrumentation and procedures used for implementation and enforcement of sections 114-29 and 114-30 shall substantially conform to 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 that have been promulgated by the Department of State Highways and Transportation shall also be followed in the implementation and enforcement of sections 114-29 and 114-30. If such rules so provide, sound level measurements may be made at other than the distances specified in section 114-30; provided, that the decibel limits applied at the other distances are adjusted accordingly.
(Ord. No. 2304, § 1(B), 8-12-13)
114-32 Penalties.
(a) A person who violates section 114-30(b), (d) or (f) is guilty of a misdemeanor punishable by a fine of $100.00.
(b) A person who violates section 114-29 or section 114-30(a), (c) or (e) is responsible for a civil infraction punishable by a fine of not more than $100.00 and which shall be processed pursuant to the terms of the Michigan Vehicle Code.
(c) All other violations of this article shall be punishable by a fine of not more than $100.00 or by imprisonment not to exceed 90 days, or both.
(Ord. No. 2304, § 1(B), 8-12-13)
114-33—114-45 Reserved.
Editor’s note—Ord. No. 2241, § 1, adopted January 13, 2012, repealed §§ 114-26—114-33, which pertained to the central business district parking commission and derived from §§ 2-43.8—2-43.15 of the Code of 1985.