(A) Generally.
(1) No person operating or occupying a motor vehicle within the city shall operate or amplify the sound produced by a radio, tape player or other sound-producing device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle.
(2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(3) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by state law.
(B) Plainly audible defined. As used in this section, PLAINLY AUDIBLE means any sound produced by a radio, tape player or other mechanical or electronic sound device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable sound-producing device that can be clearly heard outside the vehicle by a person using his or her normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
(C) Enforcement. Any law enforcement officer who hears a sound that is plainly audible as defined in division (B) of this section shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid;
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that the officer can readily identify the offending motor vehicle and the distance involved; and
(3) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(D) Penalties. Whoever violates this section is guilty of making loud noises from a motor vehicle, a minor misdemeanor. If the offender has been previously convicted of making loud noises from a motor vehicle, a violation of this section shall be a misdemeanor of the fourth degree.
(Prior Code, § 648.12) (Ord. 99-3, passed 3-9-1999)