(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(b) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLAINLY AUDIBLE. Any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon the direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker, or other electronic device used for the purpose of the amplification of sound.
(c) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the city, or a gas, electric, communications or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages or persons in compliance with the ordinances of the city; or
(5) The vehicle was used in authorized public activities, such as fireworks, sports events, music productions, and other activities which have the approval of the department of the city authorized to grant such approval.
(d) Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of an ordinance violation and, upon conviction, shall be punished by a fine not to exceed $500 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as set out herein.
(Ord. 00-02, passed 7-10-2000)