(a) It shall be unlawful for any person operating or occupying a motor vehicle within the Village of Perry to operate or amplify the sound produced by a radio, tape player or other sound-making device within the motor vehicle so that the sound is:
(1) Audible at a distance of 100 feet or more from the motor vehicle; or
(2) Louder than necessary for the convenience hearing by persons inside the vehicle in areas adjoining churches, schools or hospitals.
(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 motor vehicles used for business or political purpose, which in the normal course of conducting such business use sound-making devices.
(d) The provisions of this section do not apply to the noise made by horn or other warning device required or permitted by State law.
(e) "Audible" means any sound produced by a radio, tape player or other mechanical or electronic sound-making device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable sound-making device, that can be heard outside the vehicle by a person using his normal hearing faculties, at a distance of 100 feet or more from a motor vehicle.
(f) Any law enforcement personnel who hears a sound that is audible, as defined herein, shall 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.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle 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 an audible sound.
(g) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street, road or highway within the Village. Parking lots and driveways are included when any part thereof is open to the public for purposes of vehicular traffic.
(h) Any person who violates the provisions of this section shall be guilty of a minor misdemeanor, subject to paying a fine of not more than one hundred dollars ($100.00).
(Ord. 6-1994. Passed 7-12-94.)