(A) No person shall play, use, operate or permit to be played, used or operated, any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located on the public way or in any motor vehicle on the public way, and the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 75 feet. For purposes of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park driveway, parking lot, or transportation facility or the doorways and entrance-way to any building which fronts on any of the aforesaid places or any other public way.
(B) A motor vehicle that is used in the violation of division (A) of this section shall be subject to seizure and impoundment under this section. The owner of record of such vehicle shall be liable to the Village for an administrative penalty of $500 in addition to fees for the towing and storage of the vehicle.
(C) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the Village or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a hearing pursuant to § 39.14 of this Code.
(D) The provisions of § 39.14 shall apply whenever any motor vehicle is seized and impounded pursuant to this section.
(E) The provisions of this section shall not apply to any of the following acts:
(1) Participation in a parade or public assembly for which a permit has been obtained;
(2) Use of a sound amplification device as an alarm or emergency warning device;
(3) Sounds generated at any stadium or in connection with any festival parade, or street fair conducted pursuant to a valid permit; and
(4) Sounds generated in the operation of any mass transit system.
(Ord. C0-04-8, passed 3-1-2004)