§ 70.04. USE OF ENGINE RETARDING BRAKES.

(A) It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot, or alley within the city which causes abnormal or excessive noise from the engine except in an emergency.

(B) ENGINE RETARDING BRAKE, for the purpose of this section, shall mean a Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar Brake, or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression in a manner which may cause abnormal or excessive noise from the engine in a particular vehicle.

(C) ABNORMAL OR EXCESSIVE NOISE is noise in excess of that permitted by:

(1) M.S. § 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working order; or

(2) M.S. § 169.693 and Minnesota Rules parts 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.

(D) M.S. §§ 169.69 and 169.693 and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference.

(E) Signs stating “Vehicle Noise Laws Enforced,” may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this ordinance. The posting of these signs is deemed to provide adequate notice of the contents of this ordinance.