(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Any radio, tape recorder/player, compact disc player, stereo system, record player, television or other electronic device capable of producing or reproducing any sound, noise, musical rhythm or vocal sound.
MOTOR VEHICLE. Any vehicle, such as but not limited to automobiles, trucks, motorcycles or any other vehicle propelled or operated by any mechanical means of power.
PLAINLY AUDIBLE. Any noise, musical sound, musical rhythm, or any other sound that is electronically amplified or broadcast in any manner that can be heard from a distance greater than 20 feet from the source of the sound.
PUBLIC RIGHT-OF-WAY or PUBLIC PLACE. Includes, but is not limited to, any avenue, street, road, alleyway, easement, parkway, highway, sidewalk, park or other public place that is owned or controlled by any governmental entity.
(B) Offense. It shall be unlawful within the municipal limits of the town for the owner, operator, passenger or other person to play, use, operate or permit to be played used or operated any device located on or within any motor vehicle at such a level so to be plainly audible or distract any person at a distance greater than 20 feet from the motor vehicle.
(C) Exception. This section shall not apply to any person or entity participating in any parade or public assembly that has received a permit from the town as provided for in § 95.03.
(D) Penalty. Any person violating any provision of this section shall be fined not more than $2,500 per day for each violation. Each day a violation occurs shall constitute a separate offense of this section. A first violation of this section within any 12 month period shall include a mandatory minimum fine of not less than $100. Any second violation of this section within any 12 month period shall include a mandatory fine of not less than $300. Any third or subsequent violation of this section within any 12 month period shall include a mandatory fine of not less than $1,000.
(Ord. 1998-14, passed 5-26-98)