A. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
AUDIBLE: Any sound produced by a sound amplification system from within the vehicle, regardless of whether the vehicle is operating or occupied, which can be heard at a distance of fifty feet (50') or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included. The motor vehicle may be in any public or private location.
SOUND AMPLIFICATION SYSTEM: Any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of sounds including, without limitation, sounds created by human voice or musical instrumentation.
B. Loud Sound Prohibited: 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 the vehicle so that the sound is audible at a distance of fifty feet (50') or more from the vehicle.
C. Affirmative Defense: It is an affirmative defense to the 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 public or private utility company.
4. The vehicle was used in authorized public activities, such as parades, fireworks, sports events, or other activities which have been approved by the chief of police.
5. The vehicle was a commercial vehicle such as, but not limited to, ice cream delivery trucks, etc.
D. Penalty: Any person who violates any provision of this section, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code, excluding costs and assessments. (2011 Code)