(a) It is unlawful for any person, including any person operating or occupying a motor vehicle within the City, to operate or amplify the sound produced by a radio, tape player, compact disc player or other sound generating device or instrument form within a motor vehicle or at any other location so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle or other place where it is being generated.
(b) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(c) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by state law.
(d) “Plainly audible” means any sound produced by a radio, tape player, compact disc play or other mechanical or electronic sound generating device or instrument from within the interior or exterior of a motor vehicle or any other location, including sound produced by a portable sound generating device, that can be clearly heard outside the vehicle by a person using his/her normal hearing faculties, at a distance of 100 feet or more from the motor vehicle or other source of the sound.
(e) Any law enforcement personnel who hears a sound that is plainly audible as defined herein, 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 sense, 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 as direct line of sight and hearing to the motor vehicle or other source producing the sound so that he/she can readily identify the offending motor vehicle or sound-producer 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.
(f) The motor vehicle or other source from which the sound is produced must be located (stopped, standing or moving) within the City, including being located in public or private parking lots, driveways or garages.
(g) The penalty for a violation of this section shall be a minor misdemeanor upon a first offense and upon a second or subsequent offense within one year of the first, a misdemeanor of the fourth degree.
(Ord. 02-36. Passed 8-1-02.)
(Ord. 02-36. Passed 8-1-02.)