As used in this chapter:
(a) "Person" means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State.
(b) "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(c) "Modified exhaust system" means an exhaust system in which:
(1) The original noise abatement devices have been physically altered causing them to be less effective in reducing noises;
(2) The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or
(3) Devices have been added to the original noise abatement devices, such that noise levels are increased.
(d) "Sound amplification system" means any television, radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice, music or any other sound.
(e) "Plainly audible" means any human voice, music or any other sound which can be heard at a distance of 25 feet or more. Words or phrases need not be discernable and bass reverberations are included.
(Ord. 48-07. Passed 11-5-07.)
(Ord. 48-07. Passed 11-5-07.)
(a) No person operating, occupying, or in control of a motor vehicle on a street, highway, alley, parking lot, or any other public or private place, shall operate or permit the operation of any sound amplification system upon or from within the vehicle so that the sound is plainly audible at a distance of 25 or more feet from the vehicle.
(b) No person shall operate a motor vehicle on a street, highway, alley, parking lot, or any other public or private place which causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, horn blowing, rowing, or tire squeal.
(c) This section does not apply to the operation of a sound amplification system if any of the following apply:
(1) The vehicle is an emergency or public safety vehicle;
(2) The vehicle is owned and operated by the state, a political subdivision, or a public utility.
(3) The vehicle is used in authorized activities such as parades or other activities which have the approval of the appropriate officer of the City authorized to grant such approval.
(4) The vehicle is a vendor of ice cream and related products in conformance with local and state regulation.
(Ord. 48-07. Passed 11-5-07.)
(Ord. 48-07. Passed 11-5-07.)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any Court or agency of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such ruling or holding shall not affect the continued effectiveness, validity or enforcement of the remaining portions.
(Ord. 48-07. Passed 11-5-07.)
Whoever violates a section of this chapter is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 501.99.
(Ord. 48-07. Passed 11-5-07.)