(A) No person operating or occupying a motor vehicle in a street, highway, parking lot or driveway, whether public or private property, 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 30 or more feet from the vehicle.
(B) Sound amplification system means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.
(C) PLAINLY AUDIBLE means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 30 feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernible and bass reverberations are included. It is an offense regardless of whether the motor vehicle is stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway, on either public or private property.
(D) 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 a public utility company, including the city; or
(4) The system or vehicle was used in an authorized public activity such as parade, or other activity which has the approval of the City Council.
(Ord. 12-061, passed 7-19-2012) Penalty, see § 95.99