§ 2137.20. Mufflers; excessive smoke or gas.

(a)

Every 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.

No person shall own, operate, or have in the person's possession any 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 motorcycle, 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.

(b)

Whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year, the offender previously has been convicted of a violation of this section, Section 4513.22 of the Ohio Revised Code, or a substantially similar municipal ordinance, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year, the offender previously has been convicted of two (2) or more violations of this section, Section 4513.22 of the Ohio Revised Code, or a substantially similar municipal ordinance, whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 4513.22; Ord. 2120-03 § 1 (part).)