371.12 WEARING HEADPHONES ATTACHED TO A RADIO OR CASSETTE PLAYER; WAIVER.
   (a)   No person while wearing headphones attached to a radio or cassette player or other such similar device shall purposely walk, run, jog, bicycle, operate a moped, stand on or otherwise be in or upon any public street or highway open to motor vehicle traffic other than in a safety zone.
   (b)   For the purpose of this section the public street or highway shall not include the sidewalk or crosswalk.
   (c)   Whoever violates this section shall for a first offense be fined not more than five dollars ($5.00), for a second offense within one year after the first offense such person shall be fined not more than ten dollars ($10.00), for a third or subsequent offense within one year after the first offense such person shall be fined not more than twenty-five dollars ($25.00), provided, however, that in lieu of the prescribed fine for a first offense, a warning may be given by the police officer. The Police Department shall maintain a permanent record of the violations of this section.
(Ord. 1985-6. Passed 3-25-85.)