(a) No person shall play any radio, music player, cd player, audio system, or any other type of sound device by whatever name called, in a motor vehicle on any road or at any place open to the public at such volume as to disturb the quiet, comfort or repose of persons of ordinary sensibilities or at a volume which is plainly audible to persons other than the occupants of said vehicle.
(b) Whoever violates subsection (a) hereof shall, upon a first offense, be guilty of a minor misdemeanor and shall be fined a minimum mandatory seventy-five dollars ($75.00), which fine shall not be suspended, waived or otherwise reduced below that amount. Whoever violates subsection (a) hereof within thirty-six hours after having been charged with a first offense thereof or within thirty-six hours after having been warned by a police officer to desist from violating the provisions of subsection (a) hereof, shall be guilty of a misdemeanor of the fourth degree and shall be fined a minimum mandatory one hundred fifty dollars ($150.00), but no more than five hundred dollars ($500.00), which minimum mandatory amount shall not be suspended, waived or otherwise reduced. Whoever violates subsection (a) hereof shall, upon a subsequent offense which does not occur within thirty-six hours after having been charged with a first offense thereof or within thirty- six hours after having been warned by a police officer to desist from violating the provisions of subsection (a) hereof, be fined not less than a minimum mandatory one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), which minimum mandatory amount shall not be suspended, waived or otherwise reduced. Each day upon which a violation occurs or continues shall be a separate offense and punishable as such hereunder.
(Ord. 99-111. Passed 9-21-99.)