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(A) It shall be unlawful for any person, in either a public or private place within the city, to operate an electronic sound generating device from a vehicle in a manner so that the sound generated by such device causes vibrations in any object or person which are noticed by a person outside of the vehicle.
(B) In any prosecution under division (A) of this section, it is an affirmative defense if:
(1) The sound generated by the electronic sound generating device is human speech being broadcast from a vehicle by a loudspeaker as it is being uttered by a person using a microphone, and the person using the microphone to broadcast from a vehicle had not been warned earlier by a police officer or an employee of the city that such broadcasting from a vehicle within the city is a violation of this code and that charges will be filed if the person continues to broadcast without obtaining a permit to use sound amplifying equipment within the city in accordance with the applicable provisions of § 93.22 of this chapter; or
(2) The electronic sound generating device contains sound amplifying equipment, and a permit for the use of such sound amplifying equipment has been obtained in accordance with § 93.22 of this chapter, and is still in effect; or
(3) The electronic sound generating device is a horn being used in the manner required by the TEXAS TRANS. CODE; or,
(4) The vehicle is an authorized emergency vehicle as defined in the TEXAS TRANS. CODE; or
(5) The vehicle is in a parade which is included under one of the categories for an affirmative defense listed in § 71.05; or
(6) The vehicle is being used for advertising and has received a permit for such use under § 71.03.
(C) A culpable mental state is not required for the commission of an offense under this section.
(Ord. 2006-2124, passed 6-5-06) Penalty, see § 10.99