337.30 SOUND AMPLIFICATION DEVICES.

   (a)   Definitions.

      (1)   “Sound amplification device” includes, but shall not be limited to, the following: any radio, tape cassette, or disc player, such as a “boom box” or other audio sound system, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound.

      (2)   “Person” means any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality.

   (b)   Playing of Sound Amplification Devices.

      (1)   No person shall operate at any time of day or night any sound amplification device in or emanating from a motor vehicle or in a public place within the City in a manner or at a volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than those who are in the vehicle or room in which such device or instrument is played and who are voluntary listeners thereto.

      (2)   Whoever violates this subsection shall be subject to the following penalties:

 

First Offense:	A mandatory fine of one hundred dollars ($100.00)
Second Offense within six months of a first offense:	A mandatory fine of two hundred dollars ($200.00)
Third Offense and thereafter within one year of a first offense:	A mandatory fine of three hundred dollars ($300.00).

No portion of the fine may be suspended and no imprisonment shall be imposed.

In addition, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.

         (Ord. 2002-033. Passed 2-19-02.)