A. No person shall play, use, operate, or permit to be played, used or operated, any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located:
1. On the public way; or
2. In any motor vehicle on the public way;
if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than seventy five feet (75'). This section shall not apply to any person participating in a special event for which a permit has been obtained.
B. Any person who violates this section shall be subject to a fine of not less than one hundred dollars ($100.00) for a first offense and not more than seven hundred fifty dollars ($750.00) for each violation; provided, that for the second conviction of any violation of this section within one calendar year, the mandatory minimum fine shall be two hundred fifty dollars ($250.00). Each day during which a violation continues beyond the specified time for correction shall constitute a separate punishable offense. If court proceedings are necessary to enforce the fine assessed, then court costs shall be assessed in addition to the fine. (Ord. 19-2005, 11-14-2005)