(a) No person, firm or corporation being the owner or person in possession of a motor vehicle with any radio, phonograph, television, tape player, loud speaker or any other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
(b) It shall be prima facie unlawful for a person, firm or corporation being the owner or person in possession of a motor vehicle with a device described above to cause or permit any noise emanating from a motor vehicle which is plainly audible at a distance of fifty feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(c) This section shall not apply to any of the following circumstances:
(1) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicular or traffic safety condition;
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
(3) The motor vehicle is owned and operated by the State or a political subdivision, or a public utility;
(4) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
(5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of Federal, State or local law enforcement.
(d) Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for the second or subsequent offenses.
(Ord. 13-2010. Passed 3-23-10.)