(A) For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
PLAINLY AUDIBLE. Any sound produced by a sound amplifier device from within the vehicle which can clearly be heard at a distance of 50 or more feet. Measurement standards shall be by the audible senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle in question may be stopped, standing, parked or moving on a street, highway, alley, parking lot, driveway or right-of-way.
(B) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, driveway or right-of-way in the city shall operate or permit the operation of any radio, tape player, compact disc, loud speaker or other electronic “sound amplifier” device used for the amplification of music or the human voice from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(C) It is an affirmative defense to the violation of this section that the operator of the vehicle was not otherwise prohibited by law from operating the sound amplifier device and that any of the following may apply.
(1) The system was being used to request medical assistance or vehicular assistance or to warn of a hazardous road condition.
(2) The vehicle was an emergency vehicle.
(3) The vehicle was owned by the city or a private or public utility company.
(4) The vehicle was used in an authorized public activity, including, but not limited to, a parade, fireworks or sports event or an activity which has been approved by the appropriate city official or governing body.
(Prior Code, § 10-405) Penalty, see § 133.99