(A) Definitions.
“PLAINLY AUDIBLE” means any sound produced by a sound amplification system which can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses based upon direct line. Words or phrases need not be discernible and base reverberations are included.
“SOUND AMPLIFICATION SYSTEM” means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of human voice, music, or any other noise or sound.
(B) Prohibition.
(1) 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 50 or more feet from the vehicle.
(2) 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:
(a) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(b) The vehicle was an emergency or public safety vehicle;
(c) The vehicle was owned and operated by the village or gas, electric, communications, or refuse company;
(d) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons; or
(e) The vehicle was being used in a parade.
(C) Penalty.
(1) Whoever violates any provision of this section shall for the first offense be guilty of a minor misdemeanor and shall be fined not more than $100.
(2) Whoever is convicted of a second violation of this section within one year of the first conviction shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than $250 or sentenced to the county jail for not more than 30 days, or both.
(Ord. 2042, passed 10-5-98)