A. No person shall use or operate a radio, tape player, CD player, tape recorder, record player, television or similar device in a vehicle on a street, or on or in any publicly owned property or place, or in a vehicle in an off-street parking facility, in a manner which results in sound from the device being audible to a person of normal hearing sensitivity more than twenty-five (25) feet from said vehicle.
B. As used in subsection A of this section, "off-street parking facility" means any off-street facility held open for use by the public for parking vehicles and includes publicly owned facilities for off-street parking and privately owned facilities for off-street parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.
C. As used in subsection A of this section, "person of normal hearing sensitivity" means a person who has a hearing threshold level of between zero decibels and twenty-five (25) decibels HL averaged over the frequencies five hundred (500), one thousand (1,000) and two thousand (2,000) Hertz.
D. Sound associated with outdoor gatherings including, but not limited to, shows and entertainment events, shall be exempted from the provisions of this section provided said gathering or event is (1) lawfully approved and permitted by the private or public owner of the place or parking facility and (2) the vehicle(s) are located on or at the place or parking facility which is the site of the gathering or event.
E. Violation of this section is an infraction. The penalty for a first violation is a one hundred dollar ($100.00) fine; for a second violation within one year, the penalty is a two hundred dollar ($200.00) fine; for each additional violation within one year, the penalty is a five hundred dollar ($500.00) fine.
F. This section shall apply only to vehicles and the use or operation of the devices identified in subsection A of this section.
G. Nothing in this section shall supersede or exempt any person from any provisions of Chapter 8.68 of this code. (Ord. 98-029 § 1; prior code § 25.01.019-1)