A. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
PLAINLY AUDIBLE: Any sound produced by a sound amplification system from within the vehicle which can be clearly heard at a distance of fifty feet (50') 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.
SOUND AMPLIFICATION SYSTEM: Any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of the human voice.
B. Use Restricted: 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 feet (50') or more from the vehicle.
C. Affirmative Defense: 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 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, or public or private utility company;
4. The vehicle was used in authorized public activities, such as parades, fireworks, sports events, or other activities which have been approved by the appropriate city official or body. (Ord. 95-2, 1-5-1995)