(A) No operator or passenger of a motor vehicle shall operate or permit the operation of any sound amplification system which can be heard outside the vehicle from 50 or more feet, when the vehicle is being operated or parked on a street or highway, or public or private property used by the public for purposes of vehicular travel or parking.
(B) As used in this section,
SOUND AMPLIFICATION SYSTEM shall include any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of voice, music, or any other noise or sound.
(C) 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 federal, state, or local government agency or a gas, electric, communications, refuse, water utility company, or construction company;
(4) The vehicle was being used in a parade.
(D) Whoever violates this section shall, on the first offense, be guilty of a minor misdemeanor and fined not more than $100. The second offense shall be considered a misdemeanor of the fourth degree with a fine not to exceed $250 and a jail sentence not to exceed 30 days.
(1981 Code, § 72.48) (Ord. 6798-97, passed 6-9-1997)