(a) It shall be unlawful for any person operating or occupying a motor vehicle anywhere within the Village, to operate or amplify the sound produced by a radio, tape or CD player, or other mechanical or electronic soundmaking device or instrument from any motor vehicle so that the sound is:
(1) Plainly audible at a distance of 100 feet or more from the motor vehicle; or
(2) Louder than necessary for the convenient hearing by persons inside the motor vehicle between the hours of 11:00 p.m. and 7:00 a.m.
(b) The provisions of this section shall not apply to public safety vehicles equipped with any communication and/or warning device necessary in the performance of any of the functions of that agency.
(c) The provisions of this section shall not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices.
(d) The provisions of this section shall not apply to the noise made by a horn or other warning device required or permitted by State law.
(e) “Plainly audible” means any sound produced by a radio, tape or CD player, or other mechanical or electronic soundmaking device, or instrument, from within the interior or on the exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be heard outside the vehicle by a person using his normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
(f) Any law enforcement personnel who hears a sound that is plainly audible, as described herein, 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 be able to readily identify the offending vehicle and distance involved.
(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.
(g) A violation of the provisions of this section shall be a minor misdemeanor.
(Ord. 1995-13. Passed 10-13-95.)