432.42   USE OF RADIOS OR OTHER SOUND-MAKING DEVICES.
   (a)   It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player or other mechanical sound-making device or instrument from within the motor vehicle so that the sound is:
      (1)   Plainly audible at a distance of 100 feet or more from the motor vehicle; or
      (2)   Louder than necessary for convenient hearing by persons inside the vehicle in areas adjoining churches, schools or hospitals.
   (b)   The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency or public safety vehicle equipped with any communication device necessary in the performance of any emergency procedures.
   (c)   The provisions of this section do not apply to motor vehicles used for business or political purposes, which, in the normal course of conducting such business, use sound- making devices.
   (d)   The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by State law or these Codified Ordinances.
   (e)   As used in this section, "plainly audible" shall mean any sound produced by a radio, tape player or other mechanical or electronic sound-making device or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable sound-making device, that can be clearly heard outside the vehicle by a person using his or her normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
   (f)   Any law enforcement officer who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:
      (1)   The primary means of detection shall be by means of the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
      (2)   The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he or she can readily identify the offending motor vehicle and the distance involved.
      (3)   The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating-type sound is sufficient to constitute a plainly audible sound.
   (g)   The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street or highway within the City. Parking lots and driveways are included when any part thereof is open to the public for purposes of vehicular traffic.
   (h)   The standards set forth in division (g) of this section shall also apply to the detection of sound that is louder than necessary for the convenient hearing of persons inside the motor vehicle in areas adjoining churches, schools, hospitals or parks.
   (i)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for each offense and shall be subject to the penalty provided in Section 408.01.
(Ord.92-O-03.  Passed 6-23-92.)