(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 sixty feet from the vehicle.
(b) Definitions. As used in this section:
(1) “Sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice.
(2) “Plainly audible” means sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of sixty feet or more. Measurement standards shall be the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and basic reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(c) It is prima facie unlawful for a person to generate or permit to be generated sound by the above-described devices or instruments in the following circumstances:
(1) On private property, at all hours, where the sound is audible more than sixty feet from the source of the sound; or
(2) In two-family and multi-family dwellings between the hours of 11:00 p.m. and 8:00 a.m. where the sound is audible beyond the confines of the unit from where the source of the sound is generated; or
(3) On a street, highway or in the public right of way where the sound is audible sixty feet from the device generating the sound. Persons in possession of a current permit or activities of a school are exempt from the provisions of this subparagraph.
(d) No person, being the owner, or person in possession of a premises or person in control of the premises by reason of employment, agency or otherwise whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
(e) 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 system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons;
(5) 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.
(f) Whoever violates this section is guilty of using unreasonable sound amplifying devices, a minor misdemeanor, except that if the offender persists in this violation after reasonable warning or request to desist or is convicted of a second offense or greater, using unreasonable sound amplifying devices shall be punishable by a three hundred fifty dollar ($350.00) fine.
(g) Police officers, after observing a violation of this section, are authorized to seize any sound amplification device which is readily removable or motor vehicle containing a sound amplification device operated in violation of the Code, and keep such device as evidence pending the resolution of any criminal complaint filed pursuant to this section.
(Ord. 98-30. Passed 9-8-98.)