(a) 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 systems from within the vehicle so that the sound is plainly audible at a distance of thirty or more feet from the vehicle.
(b) No person shall operate or permit the operation of any sound amplification system so that the sound is plainly audible at a distance of thirty feet or more from the location of said sound amplification system.
(c) “Sound amplification system” means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice.
(d) “Plainly audible” means any sound produced by a sound amplification system which can be heard at a distance of thirty feet or more. Measurement standards shall be by the auditory sense, based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included.
(e) 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 police, fire, 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 Village of North Baltimore or a gas, electric, communications, or refuse company; or a vehicle operating a warning device such as a back-up alarm required by law;
(4) The system was used by a public authority, a school, or a religious organization having permanent site in the Village, or by a business with a permanent site in the Village, for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons; or the system was used by any other person, or group that has the approval of the department or officer of the Village authorized to grant approval.
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities otherwise authorized by law, or that has the approval of the department or officer of the Village authorized to grant such approval.
(f) Penalty. Whoever violates any provision of this section is guilty of a minor misdemeanor. If, within on year of the offense, the offender has been convicted of or pleads guilty to one or more violations of this section, the violation is a misdemeanor of the fourth degree. (Ord. 02-21. Passed 5-21-02.)