(a) The using, operating or permitting to be played, used or operated, of any radio, receiving set, musical instrument, phonograph, or 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; the use or operation upon any public road, street, or highway in this Municipality, of any radio, boom box, music player or audio system in a motor vehicle, at such volume so as to disturb the quiet, comfort or repose of other persons or at a volume which plainly audible to persons other than the occupants of said vehicle. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible to a person upon any public road, street or highway, as enumerated herein, shall be prima-facie evidence of a violation of this section.
(b) Whoever violates any provision of this section is guilty of a minor misdemeanor for the first offense. For any subsequent offense, such person is guilty of a misdemeanor of the third degree. Each day such violation continues shall constitute a separate and distinct offense.
1st offense: a mandatory fine of one hundred dollars ($100.00);
2nd offense: a mandatory fine of two hundred dollars ($200.00);
3rd offense: a mandatory fine of three hundred dollars ($300.00).
(Ord. 2007-11. Passed 6-5-07.)