(a) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, one or both ears. As used herein, “earphones” means any headset, radio, tape, disc or cassette player, or other similar device that provides to or is capable of providing the person with radio programs, music or other recorded information through a device attached to the head and that covers all or a portion of one or both ears. “Earphones” do not include speakers or other listening devices that are a component of protective headgear.
(b) The provisions of this section do not apply to any person wearing a hearing aid or when wearing earphones over or earplugs in one or both ears as a part of the normal function of such person’s employment or when required by any safety law, requirement, rule or regulation applicable to employees while in the course of employment.
(Ord. 91-70. Passed 7-1-91.)
(c) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.