649.04 RADIOS, PHONOGRAPHS, ETC.

   (a)    No person shall use, operate or play any radio, music player, such as a "boom box," tape cassette, disc player, television, audio system or musical instrument, or any other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. Such operation between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima-facie evidence of a violation of this section.

   (b)    Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02. In addition, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.

(Ord. 1999-52. Passed 11-9-99.)