(A) No person or organization shall engage in any performance or use any electronic device in any manner so as to create a public disturbance or operate or permit the operation of any sound amplification system from within a vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(B)
PUBLIC DISTURBANCE is defined, for the purpose of this section, as loud music revelry, or electronically reproduced sound done or created at a time and a place, or in a manner so as to create a substantial likelihood of disturbing the public's reasonable expectation of peace and quiet.
(C)
SOUND AMPLIFICATION SYSTEM means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice.
(D)
PLAINLY AUDIBLE means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverbations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(E) 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:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the city or a gas, electric, communications or refuse company; or
(4) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.
(F) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 49-1991, passed 11-12-91) Penalty, see § 130.99