(a) No person shall operate or permit the operation of a sound amplification system upon any public road, street, highway or private property in this Municipality in a manner or at a volume as to disturb the quiet, comfort or repose of other persons.
(b) No person shall operate or permit the operation of a sound amplification system in a manner or at a volume as to disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the dwelling unit in which such device or instrument is played and who are voluntary listeners thereto.
(c) No person operating or occupying 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.
(d) (1) "Sound amplification system" means any radio, tape player, boom box, compact disc player, loud speaker, or other electronic device used for the amplification of the human voice.
(2) "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.
(e) 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) 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 Newton Falls or a gas, electric, communications, or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in compliance with the City of Newton Falls Municipal Code or State Law;
(5) 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.
(f) (1) Any person who violates any provision of this section shall be guilty of a minor misdemeanor. The penalty for a second offense is a misdemeanor of the fourth degree. A third offense is a misdemeanor of the third degree. (Ord. 93-6. Passed 2-15-93.)
(2) Upon a third conviction for a violation of this section, the Court may confiscate the sound device used in committing the violation.
(Ord. 2006-21. Passed 7-10-06.)