(a) No person operating, occupying or in control of a motor vehicle on a street, highway, alley, parking lot or driveway 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 fifty or more feet from the vehicle.
(b) "Sound amplification system" means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification on the human voice.
(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 fifty 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 base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(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 the City of Mount Vernon or a gas, electric, communications, or refuse company;
(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.
(Ord. 1991-25. Passed 7-15-91.)
(e) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1991-37. Passed 8-19-91.)