A. Prohibited: It is unlawful for any person to operate, drive, or be in possession of a motor vehicle which is stopped, standing, parked or moving, and to make, create or permit an excessive or unusually loud noise, or a noise which endangers public safety, or is harmful to any person, which is caused by a sound amplification system, and which can be heard without the use of an electronic measurement device or heard and measured in the manner prescribed in section 9.8.103 of this part. Words or phrases need not be discernible.
B. Sound Amplification System Defined: For the purposes of this section, "sound amplification system" means any radio, stereo, tape player, compact disc player, or other electronic device used for the amplification of sound.
C. Complainant: The complainant may include, but not be limited to, police officers acting under color of the person's authority.
D. Exception To Charge: It is an exception to a charge under subsection A of this section that:
1. The vehicle was an emergency, medical, or public safety vehicle operating in its official capacity; or
2. The vehicle's sound amplification system was used in compliance with a permit issued pursuant to section 9.8.109 of this part, or has the approval of the Mayor or the Mayor's designee, authorized to grant approval.
E. Evidence: Evidence of noise heard and measured in a manner prescribed in section 9.8.103 of this part, which is less than that required for a conviction by use of test or measurement as set out in section 9.8.103 of this part may be offered to prove a violation of this section as heard without an electronic measurement device. Among the circumstances which may be considered in determining whether reasonable grounds for belief have arisen that a person has violated this section are:
1. The time of day.
2. The location of the noise.
3. Whether the noise can be heard from at least one hundred feet (100') from its source.
F. Penalties:
1. Upon conviction for a first offense for violating subsection A of this section, the court shall impose a fine of not less than seventy five dollars ($75.00), nor more than five hundred dollars ($500.00). The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
2. Upon conviction for a second offense for violating subsection A of this section, the court shall impose a fine of not less than one hundred fifty dollars ($150.00), nor more than five hundred dollars ($500.00). The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
3. Upon conviction for a third or subsequent offense for violating subsection A of this section, the court shall impose a fine of not less than three hundred dollars ($300.00), nor more than five hundred dollars ($500.00). The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine. Furthermore, the sound amplification system shall be forfeited, pursuant to subsection 9.1.205C of this chapter.
a. The sound amplification system shall be confiscated by a police officer, when, on service of a citation for a violation of this section the arresting officer has knowledge or information that the person suspected of violating this section has two (2) previous convictions for violating this section.
b. Upon a determination by the arresting officer that the sound amplification system will be removed at the scene, the arresting officer's designee shall conduct the removal of the sound amplification system. If the arresting officer determines, in the officer's own discretion, that it is impractical to remove the sound amplification system at the scene of the violation, then the vehicle shall be impounded by the police for the limited purpose of the expedient removal of the sound amplification system.
c. The sound amplification system shall remain impounded until ordered released, or forfeited by the court pursuant to subsection 9.1.205C of this chapter. (Ord. 96-41; Ord. 01-42; Ord. 11-19)