§ 31-19. Noise from motor vehicles.

(a)

Purpose. The purpose of this section is to establish standards regulating noise from motor vehicles in the city.

(b)

Definitions. Unless otherwise expressly stated, or the content clearly indicates a different intention, the following terms shall have the meaning shown:

(1)

dBA means the composite abbreviation for A-weighted sound level, and the unit of sound level, the decibel.

(2)

Gross combination weight rating or GCWR means the value specified by the manufacturer as the maximum loaded weight of a combination vehicle.

(3)

Motor vehicle means every vehicle which is self-propelled other than a motorized bicycle.

(4)

Gross vehicle weight rating or GVWR means the value specified by the manufacturer as a loaded weight of a single vehicle.

(5)

Sound level means the A-weighted sound pressure level measured with a fast response using an instrument complying with specifications for sound level meters of the American.

National Standards Institute, Inc., (ANSIS 1.4-1971 or the latest approved revision thereof) or its successor bodies, except that only A-weighting and fast dynamic response need be provided.

(6)

Sound level meter will mean an apparatus or instrument including a microphone, amplifier, attenuator, output meter and frequency weighting networks for the measurement of sound levels.

(c)

Operating noise limits. It shall be unlawful for any person to operate a motor vehicle, or accessories attached thereto, within the city at any time in such a manner that the sound level emitted by the motor vehicle, or the accessory, exceeds the level set forth in the table below, for the speed limit zone, regardless of the actual speed of the motor vehicle. If the vehicle is stationary or in an area where no speed limit is applicable, the sound level for 35 miles per hour or less shall apply.

Motor vehicle sound limit measured at 15 meters (50 feet). In the event the distance is less than 50 feet, such listed noise limit will be corrected to reflect the equivalent noise limits for the actual distance.

	Sound Level in dBA
Vehicle Class	Speed limit, 35 mph or less	Speed limit, over 35 mph
Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 lbs. or more	86	90
All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more	86	90
Any other motor vehicle or any combination of vehicles towed by any motor vehicle	80	84

 

(d)

Adequate mufflers or sound dissipative devices. Every motor vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise. Every motor vehicle at all times shall be equipped with a muffler or other effective noise suppression system and no person shall use a muffler cutout, bypass, or similar device.

(e)

Standing motor vehicles. No person shall operate the engine providing motive power, or an auxiliary engine of a motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a consecutive period longer than 20 minutes which such vehicle is standing and located within 150 feet of property zoned and used for residential purposes except where the 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 their vending loads.

(f)

Exempt vehicles. The following are exempt from the provisions of this section.

(1)

Authorized emergency vehicles, as defined in K.S.A. 81-1404.

(2)

Construction or agricultural equipment and street maintenance equipment.

(g)

Penalty for violation. Upon conviction of a violation of any provision herein, the violator shall be fined in any sum not to exceed $500.00.

(Ord. No. 3870, §§ 1—6, 8, 7-21-81)

Editor's note

Ord. No. 3870, adopted July 21, 1981, did not specifically amend this Code; hence inclusion of §§ 1—6 and 8 as § 31-19 was at the discretion of the editor.