337.30 LOUD SOUND AMPLIFICATION SYSTEMS PROHIBITED.

   (a)   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 or more feet from the vehicle. Such prohibition shall apply when the motor vehicle is stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

   (b)   “Sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice.

   (c)   “Plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included.

   (d)   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 a gas, electric, communications or refuse company;

      (4)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the City authorized to grant such approval.
(Ord. 92-032. Passed 7-27-92.)

   (e)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.