81-8873 Traffic Motor VehiclesORDINANCE NUMBER 81-88
(Published in The Salina Journal
,Q8 1981)
AN ORDINANCE REGULATING NOISE FROM MOTOR VEHICLES IN THE CITY OF
SALINA, KANSAS; ENACTING SECTIONS 22-123 TO 22-131.1 OF THE SALINA CODE.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That Article IV of Chapter 22 of the Salina Code is
hereby amended by adding the following sections:
"Section 22-123. Purpose.
The purpose of this ordinance is to establish noise regulating
standards for motor vehicles in the City of Salina, Kansas.
"Section 22-124. Definitions.
Unless otherwise expressly stated or the contents clearly indicate
a different intention, the following terms shall have the meaning
shown:
Sec. 22-124(1). dBA, means the composite appreviation for
A -weighted sound level, and the unit of sound level, the decibel.
Sec. 22-124(2). Gross Combination Weight Rating, or GCWR, means
the value specified by the manufacturer as the maximum loaded weight
of a combination vehicle.
Sec. 22-124(3). Gross VehicZe Weight Rating, or GVWR, means the
value specified by the manufacturer as a loaded weight of a single
vehicle.
Sec. 22-124(4). Sound Leve Z, 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 Standard
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.
Sec. 22-124(5). Sound LeveZ Meter, will mean an apparatus or
instrument including a microphone, amplifier, attenuator, output meter
and frequency weighting networks for the measurement of sound levels.
"Section 22-125. Violations.
It shall be unlawful for any person to operate, or cause to be
operated, any motor vehicle within the City of Salina, Kansas, at any
time in such manner that the total sound level emitted by the motor
vehicle, including the sound of any appliance, equipment, device or
accessory appurtenant to or operated in connection with operation of
said motor vehicle, exceeds the level set forth in Section 22-124
of this chapter, for the speed limit zone, regardless of the actual
speed of the motor vehicle or in any other manner prohibited by this
Section.
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"Section 22-126. Operating noise limits.
The maximum allowable sound level emission under this chapter
shall be as follows, when measured at a distance of 15 meters (50
feet):
Sound Level in dBA
Speed limit
30 MPH or
Vehicle Class Less
Motor carrier vehicle engaged in
interstate commerce of GVWR or
GCWR of 10,000 lbs or more 86
All other motor vehicle of
GVWR or GCWR of 10,000 lbs
or more 86
Any other motor vehicle or any
combination of vehicles towed
by any motor vehicle 76
Speed Limit
Over 30
MPH
M
.e
82
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.
"Section 22-127. Adequate mufflers or sound dissipative devices.
Sec. 22-127(1). No person shall operate, or cause to be operated,
any motor vehicle not equipped with a muffler or other sound dissipativ
device in good working order and in constant operation.
Sec. 22-127(2). No person shall remove or render inoperative,
or cause to be removed or rendered inoperative, other than for
purposes of maintenance, repairs or replacement, any muffler sound
dissipative device on a motor vehicle.
"Section 26-128. Motor vehicle horns and signaling devices.
The following acts, and causing thereof, are declared to be
in violation of this Chapter:
Sec. 27-128(1). The sounding of any horn, or other auditory
signaling device on or in any motor vehicle, except as a warning of
danger.
Sec. 27-128(2). The sounding of any horn, or other auditory
signaling device which produces the sound level in excess of 85 dBA
at 15 meters (50 feet), except as a warning of danger.
"Section 22-129. 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 or any auxiliary
equipment attached thereto for a consecutive period longer than 10
minutes while such vehicle is standing and located within 150 feet
of property zoned and used for residential purposes between the
hours of 11:00 p.m. and 7:00 a.m. the following day, except where
vehicle is standing within a completely enclosed structure.
"Section 22-130. Exempt vehicles.
The following are exempt from the operation of this chapter.
Sec. 22-130(1). Emergency vehicZes designated as such by the
laws of the State of Kansas, or by ordinance of this City, and
ambulances on emergency call.
Sec. 22-130(2). Construction or agricuZturaZ equipment and
street maintenance equipment that are on a job site or traveling on
street or highways.
"Section 22-131. Penalty.
The penalty for violation of this Chapter shall be as set forth
in Chapter 1, Section 1-8 of the Salina Code, except that the minimum
fine for any such violation shall be not less than twenty-five
dollars ($25.00).
"Section 22-131.1. Severability clause.
If any section, provision, or any part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a whole or any
section, provision, or part thereof not adjudged invalid or
unconstitutional."
Section 2. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
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(SEAL)
ATTEST:
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D. L. Harrison, City Clerk
Introduced: August 17, 1981
Passed: August 24, 1981
Merle A. Hodge!r, M ., Mayor