A. Disturbing The Peace; Definitions: It is unlawful for any person to disturb the peace and quietude of any part of the city by operating, having operated, or permitting to be operated, any contrivance, whether electric or not, with or without a loudspeaker, in such a manner as to emit loud music, noise or words. No person owning, renting or otherwise occupying a residence within the city shall operate or permit the operation of any sound amplification system at the residence so that the sound is plainly audible at a distance of one hundred feet (100') from the residence.
PLAINLY AUDIBLE: Any sound produced by a sound amplification system at the residence which clearly can be heard at a distance of one hundred feet (100'). 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.
SOUND AMPLIFICATION SYSTEM: Any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice, music, or noise.
B. Excessive Noise On Streets, Parking Lots: It is unlawful to play, operate or use any device known as a sound truck, loudspeaker or sound amplifier, radio or phonograph with loudspeaker with sound amplifier or any instrument of any kind or character which emits loud or raucous noises on a street, highway, alley, parking lot or driveway. No person operating or occupying a 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 one hundred feet (100') from the vehicle.
C. Affirmative Defense: It is an affirmative defense to a charge under this section that the person or persons occupying the residence or operating the vehicle or 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 assistance.
2. The sound amplification was part of authorized public activities which had been approved by the city council and/or the city manager. (Ord. 935, 12-14-2000)
D. Penalty: Any person who violates any provisions of this section, upon conviction thereof, shall be subject to a fine pursuant to section of this code. (Ord. 935, 12-14-2000; amd. Ord. 1074, 3-11-2008, eff. 4-10-2008)