509.14 OPERATION OF SOUNDMAKING DEVICES OR INSTRUMENTS IN VEHICLES.

   (a)   It is unlawful for any person operating or occupying a motor vehicle within the City to operate or amplify the sound produced by a radio, tape player or other soundmaking device or instrument from within the motor vehicles so that the sound is: Plainly audible at a distance of 100 feet or more from the motor vehicle.

   (b)   The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.

   (c)   The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by state law.

   (d)   “Plainly audible” means that any sound produced by a radio, tape player or other mechanical or electronic soundmaking device or instrument, from with the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, can be clearly heard outside the vehicle by a person using normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.

   (e)   Any law enforcement officer who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound in accordance with the following standards:

      (1)   The primary means of detection shall be the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device.

      (2)   The officer shall have a direct line of sight and hearing to the source of the sound so that he can readily identify the offending source and the distance involved.

      (3)   The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.

   (f)   The motor vehicles from which the sound is produced must be located (stopped, standing or moving) within the City. Parking lots and driveways are included.

   (g)   Any person who violates any section of this ordinance shall be guilty of a minor misdemeanor. Any subsequent violation by the same offender shall be a misdemeanor of the fourth degree.
(Ord. 174-1996. Passed 12-3-96.)