(a) No person shall, while operating or occupying a motor vehicle within the Village, operate or amplify the sound produced by a radio, tape player or other sound-making device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle. This section shall not apply to any law enforcement or emergency personnel operating a device or instrument while in the performance of their law enforcement or emergency duties.
(b) No person shall, after a request to desist, make, continue or cause to be made, by the use of any radio, loudspeaker, music player such as a “boom box”, tape cassette player, disc player, DVD player, television, audio system or musical instrument, or any other type of sound device, any noise 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 or about the dwelling unit in which such device or instrument is played and who are voluntarily listeners thereto.
(c) As used in this section, “plainly audible” means any sound produced by a device or instrument as set forth in subsection (a) or (b) hereof that can be plainly heard by a person using normal hearing faculties without enhancement by any mechanical or electronic hearing device, at a distance of 100 feet or more, or from within another building other than the building, motor vehicle or property in which such instrument or device is played.
(d) Any law enforcement officer who hears a sound that is plainly audible, as defined above, 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, building or property wherein the sound is being produced so that the officer can readily identify the offending party 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.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. O-00-012. Passed 5-1-00.)