2009-097 Ordinance - Laserfiche WebLink

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,. ,~: Ordinance No. 2009-97 constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates. (b) No person shall own, operate or have in the person's possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation. (c) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. (ORC 4513.22) BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS: 337.20 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE. (a) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates. (b) No person shall own, operate or have in the person's possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation. No e~rson ' on anv road or commonly known as a " a wnicn causes unreasonable noise. l+br ur oses of this section "unreasonable noise means creating soon that excee s the decihe ~mitc nr t e arrplPrat~nn nr cu tes as (sd) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. SECTION 2: That all ordinances, and parts of ordinances, inconsistent or in conflict with this ~ Ordinance, shall, to the extent of such inconsistency or conflict, be repealed. SECTION 3: That the Director of Public Service is requested to transmit a copy of this legislation to the Director of the Ohio Department of Transportation with a request that signs be posted at appropriate locations on Interstate-480 in the City of North Olmsted stating "Excessive Engine Braking Noise Prohibited." 2