(A) (1) Excessive noises. No person or organization shall engage in any performance or use any electronic device in any manner as to create a public disturbance or operate or permit the operation of any sound amplification system from within a vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLAINLY AUDIBLE. Any sound produced by a sound amplification system from within the vehicle which clearly can be heard from a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernable and base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
PUBLIC DISTURBANCE. Loud music revelry, or electronically reproduced sound done or created at a time and a place, or in a manner so as to create a substantial likelihood of disturbing the public’s reasonable expectation of peace and quiet.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker or other electronic device used for amplification of the human voice and/or musical instrument.
(B) It is an affirmative defense to 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) A 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 or gas, electric, communications or refuse company; or
(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.
(C) Such offenses shall be a minor misdemeanor.
(D) No person who owns, rents, leases or has control of or possession of any lot, business, property, house, rental unit, house trailer, mobile home, room apartment or any other vehicle or place used for human habitation, shall negligently allow said lot, business, property, house, rental unit, house trailer, mobile home, room, apartment or any other place or vehicle used for human habitation to be used in a manner which produces or disseminates unreasonable noises or in a manner that breaches the peace of the neighborhood in which it is located.
(1) It shall be prima facie evidence of using property to disturb the peace when a police officer, in good faith effort to enforce this section, notifies the offender that, in the police officer’s judgment, the offender is producing or disseminating unreasonable noises or is breaching the peace of the neighborhood and the offender, once notified, continues producing or disseminating unreasonable noises or breaches the peace of the neighborhood after such notice by the police officer.
(2) Nothing in this section shall be construed to zone use of property or land to certain uses.
(Prior Code, § 9.14.15) Penalty, see § 91.99