§ 72.71 EXCESSIVE NOISE FROM A MOTOR VEHICLE.
   (A)   No person, firm or corporation being the owner or person in possession of a motor vehicle with any radio, television, tape player, MP3, CD player, loud speaker or any similar instruments, machines or devices shall cause or permit such a level of noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons or ordinary sensibilities.
   (B)   It shall be prima facie (presumed) unlawful for a person, firm, corporation being the owner or person in possession of a motor vehicle with a device described above to cause or permit any noise emanating from a motor vehicle which is so audible at a distance of 50 feet or more from the motor vehicle that it causes inconvenience and annoyance to persons of ordinary sensibilities. The lawful use of a motor vehicle horn shall not be a violation of this section.
   (C)   This section shall not apply to any of the following circumstances:
      (1)   The sound amplifying equipment of a motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic safety condition;
      (2)   The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
      (3)   The motor vehicle is owned and operated by the state or a political subdivision, or public utility;
      (4)   The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
      (5)   The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state, or local law.
   (D)   Whoever violates this section is guilty of generating excessive sound from a motor vehicle, which is a minor misdemeanor. If the offender persists in generating or permitting to be generated excessive noise after reasonable warning or request to desist, generating excessive noise is a misdemeanor in the fourth degree.
(Ord. 10-1, passed 12-8-09)