(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, a public street or highway shall not include a 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 each violation of this section.
(Ord. 1985-49. Passed 6-12-85.)