509.10 LOUD SOUND AMPLIFICATION SYSTEMS PROHIBITED.

   (a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.

   (b)   No person shall operate or permit the operation of any sound amplification system so that the sound is plainly audible at a distance of fifty feet or more from the location of said sound amplification system.

   (c)   "Sound amplification system" means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice.

   (d)   "Plainly audible" means any sound produced by a sound amplification system which can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included.

   (e)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

      (1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

      (2)   The vehicle was an emergency or public safety vehicle;

      (3)   The vehicle was owned and operated by the City of Findlay or a gas, electric, communications, or refuse company;

      (4)   The system was used for the purpose of giving instructions, directions, talks, addresses or lectures to any persons or assemblages of persons;

      (5)   The vehicle and/or system was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the City authorized to grant such approval.

   (f)   Penalty. Whoever violates any provision of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. (Ord. 2002-36. Passed 5-21-02.)