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A. No person shall use, operate, or permit the use or operation of any radio receiving set, musical instrument, phonograph, tape or disc player, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby.
B. Operation of any such device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at the property line of a structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of fifty feet (50') if the source is located outside a structure or building, shall be prima facie evidence of a violation of this section. Operation of any such device at any time in a motor vehicle in such a manner as to be plainly audible at a distance of fifty feet (50') from the motor vehicle shall be prima facie evidence of a violation of this section.
C. When sound violating this section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle's owner, if present when the violation occurs, is guilty of the violation. If the motor vehicle's owner is not present at the time of the violation, the person driving the vehicle at the time of the violation is guilty of the violation. In addition to an owner or a driver, any person who controls or assists with the production of sound violating this section is guilty of the violation.
D. Any such device alleged to be used in violation of this section may be seized for evidence and held until the final disposition of the court case. Any such device is subject to forfeiture if it was used in the commission of a violation of this section. The rules and provisions of Minnesota Statutes section 169.1217 (1996) are hereby adopted by reference in their entirety. An action for forfeiture shall comply with the procedures set forth in Minnesota Statutes section 169.1217 (1996). (Ord. 613, sec. 1, 9-2-1997)