(1)An off-highway vehicle operated within
the state shall not emit more than the following level of sound when measured
using SAE J1287:
(a)If manufactured before January 1, 199899 db(A);
(b)If manufactured on or after January 1, 199896 db(A).
(2)A snowmobile shall not emit more than the following level of sound when
measured using SAE J2567:
(a)If manufactured on or after July 1, 1972, and before July 2, 197590 db(A);
(b)If manufactured on or after July 2, 197588 db(A).
(3)(a) A person shall not sell or offer to sell a new off-highway vehicle that
emits a level of sound in excess of that prohibited by subsection (1) of this section
unless the off-highway vehicle complies with federal noise emission standards. A
person shall not sell or offer to sell a new snowmobile tha
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(1) An off-highway vehicle operated within
the state shall not emit more than the following level of sound when measured
using SAE J1287:
(a) If manufactured before January 1, 199899 db(A);
(b) If manufactured on or after January 1, 199896 db(A).
(2) A snowmobile shall not emit more than the following level of sound when
measured using SAE J2567:
(a) If manufactured on or after July 1, 1972, and before July 2, 197590 db(A);
(b) If manufactured on or after July 2, 197588 db(A).
(3) (a) A person shall not sell or offer to sell a new off-highway vehicle that
emits a level of sound in excess of that prohibited by subsection (1) of this section
unless the off-highway vehicle complies with federal noise emission standards. A
person shall not sell or offer to sell a new snowmobile that emits a level of sound in
excess of that prohibited by subsection (2) of this section unless the snowmobile
complies with federal noise emission standards.
(b) For the purposes of this section, a new snowmobile or off-highway
vehicle means a snowmobile or off-highway vehicle that has not been transferred
on a manufacturer's statement of origin and for which an ownership registration
card has not been submitted by the original owner to the manufacturer.
(4) This section shall not apply to the following:
(a) A vehicle designed or modified for and used in closed-circuit, off-highway
vehicle competition facilities;
(b) An off-highway vehicle used in an emergency to search for or rescue a
person; and
(c) An off-highway vehicle while in use for agricultural purposes.
(5) A person who violates this section commits a civil infraction.
(6) No municipality or county may adopt an ordinance or resolution setting
noise standards for off-highway vehicles or snowmobiles that are more restrictive
than this section.
(7) (a) Nothing in this section shall be construed to modify the authority
granted in section 25-12-103.
(b) Nothing in this section shall be construed to authorize the test to produce
a less restrictive standard than the J1287 stationary sound test or the J2567
stationary sound test published by SAE international or any successor organization.
(8) The following shall be an affirmative defense to a violation under this
section if the off-highway vehicle or snowmobile:
(a) Was manufactured before January 1, 2005;
(b) Complied with federal and state law when purchased;
(c) Has not been modified from the manufacturer's original equipment
specifications or to exceed the sound limits imposed by subsection (1) or (2) of this
section; and
(d) Does not have a malfunctioning exhaust system.