Decatur, AL Noise Ordinances: Vehicle Noise (2026)
Key Facts
- Prohibited act
- Using an engine compression brake on any public roadway
- Exemption: baffling
- Vehicle with a properly functioning noise baffling device
- Exemption: emergencies
- Public safety vehicles and true accident-avoidance emergencies
- Penalty
- Fine of $1.00 to $500.00 under section 1-8
- Adopted
- Ordinance No. 14-4201, October 20, 2014
Summary
In the City of Decatur, Alabama, it is unlawful for a driver to use an engine compression brake on any public roadway within the corporate limits. Public safety vehicles, true emergencies and vehicles equipped with a noise baffling device are exempt. Convictions are punished under the general penalty in section 1-8.
(a)Definitions. ... Engine compression brake shall mean any device that utilizes compression and/or rapid release of compressed air in the cylinders of diesel engines to slow or retard vehicle speed. ... (b)It shall be unlawful for the operator of a motor vehicle to engage or allow to be engaged, operate, or use an engine compression brake while the vehicle is operated on any public roadway within the corporate limits of Decatur. This section shall not apply to operators of any of the following: (1)A public safety vehicle.(2)A vehicle involved in an emergency not caused by the operator of the vehicle utilizing the engine compression brake, wherein the operator reasonably believes that use of the engine compression brake is necessary to avoid or mitigate an accident or collision.(3)A vehicle equipped with a noise baffling device. ... (c)Any person convicted of violating this section shall be punished in accordance with section 1-8 of this Code.
Full Breakdown
Section 22-47 of the Decatur City Code, adopted by Ordinance No. 14-4201 on October 20, 2014, bans engine brake noise on city streets. An engine compression brake is any device that uses compression or rapid release of compressed air in the cylinders of diesel engines to slow or retard vehicle speed. Subsection (b) makes it unlawful for the operator of a motor vehicle to engage, allow to be engaged, operate or use one while the vehicle is on any public roadway within the corporate limits of Decatur.
Three exemptions apply. The first is a public safety vehicle, meaning any vehicle operated by the Decatur Fire Department or Decatur Police Department or any other vehicle within the definition of authorized emergency vehicles in Code of Ala. 1975, § 32-1-1.1. The second is a vehicle in an emergency not caused by the operator's own use of the brake, where the operator reasonably believes the brake is necessary to avoid or mitigate an accident or collision. The third is a vehicle equipped with a noise baffling device.
A noise baffling device is defined as a properly functioning muffler or engine exhaust silencer that eliminates the offensive and disturbing noise caused by use of engine compression brakes. It must reduce the noise to levels meeting vehicle noise emission standards set or authorized by the Noise Control Act (42 U.S.C. § 4901 et seq.) and the United States Environmental Agency, and comply with all other federal, state or local vehicle noise laws. Proof is practical: a law enforcement officer or other competent witness can give opinion evidence based on personal observation on whether the vehicle had a properly functioning noise baffling device.
The city is authorized, but not required, to post traffic control devices to supplement enforcement. The section is severable, so an invalid provision does not void the rest. The city's separate truck-route rule in § 22-46 is a routing ordinance, not a noise rule.
Violations & Fines
Under § 22-47(c), any person convicted of violating the section is punished under § 1-8. That section makes a violation a misdemeanor carrying a fine of not less than $1.00 nor more than $500.00, plus possible imprisonment or hard labor for up to six months at the municipal judge's discretion. A corporation faces the fine only, plus court costs. Each day a violation continues is a separate offense.
Frequently Asked Questions
Can trucks use Jake brakes in Decatur?
What counts as a noise baffling device in Decatur?
How does Decatur police prove a driver lacked a baffling device?
What is the fine for using an engine brake in Decatur?
Sources & Official References
Other rules in Decatur
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