(A) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway, whether public or private property, 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 50 or more feet from the vehicle.
(B) SOUND AMPLIFICATION SYSTEM means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound.
(C) (1) PLAINLY AUDIBLE means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernable and bass reverberations are included.
(2) The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway, on either public or private property.
(D) 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 a public utility company, including the city;
(4) The system or vehicle was used in an authorized public activity, such as parade, fireworks, sporting event, musical production or other activity which has the approval of the City Commission or a department of the city authorized to grant such approval; and/or
(5) The vehicle operator had obtained a mechanical loudspeaker/amplifier permit pursuant to § 94.009 of this code of ordinances.
(1998 Code, § 118-11) (Ord. 02-05, passed 2-20-2002) Penalty, see § 10.99