(a) It is unlawful for any person operating or occupying a motor vehicle within the City to operate or amplify the sound produced by a radio, tape player, compact disc player, or other soundmaking device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle.
(b) This section shall not apply to any of the following circumstances:
(1) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle or traffic safety condition;
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
(3) The motor vehicle is owned and operated by the State or a political subdivision, or a public utility.
(4) The motor vehicle is participating in a parade, or other activity for which the sponsors have obtained the necessary permit or authorization; or
(5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state or local law.
(c) “Plainly audible” means any sound produced by a radio, tape player, compact disc player, or other mechanical or electronic soundmaking device or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using his normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
(d) Any law enforcement personnel who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
(3) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute plainly audible sound.
(e) The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the City. Parking lots and driveways are included.
(f) The penalty for a violation of this section is a minor misdemeanor.
(Ord. 69-00. Passed 6-12-00.)