(A) "City owned" property is any right-of-way, property in which the city is the title holder of record, or property in which the city owns a leasehold interest.
(B) No person shall play, use, operate or permit to be played, used or operated, any radio, tape player, cassette player, compact disc player, loud speaker, sound amplifier or other device designed for generating or reproducing sound, if
(1) It is located in or on any of the following:
(a) Any city owned property, including, but not limited to, any street, alley, highway, sidewalk, park or other city owned property; or
(b) Any motor vehicle on a public street, alley, highway, park or other city owned property; and if
(2) The sound generated is measured at 70 db or greater at a distance of 15 to 20 feet from the device producing the sound, or
(3) The generation of sound in violation of this section is deemed to be a public nuisance.
(C) Exemptions:
(1) This section shall not apply to properly operating vehicle alarms, authorized emergency vehicles, vehicle horns used as a warning of danger or public safety officials acting within the scope of their authority.
(2) This section shall not apply to licensed festivals, parades or any activity authorized by the Board of Public Works, Parks Board, Safety Board or other Governmental Board having jurisdiction and control over the property.
(D) A custodial parent shall be responsible for ensuring a minor child complies with this section and is responsible for any fine imposed. "Minor" shall mean a person under 18 years of age.
(E) Any person, firm, or corporation that violates this section shall, upon conviction, be subject to a fine of $50 for the first offense; $200 for the second offense; and $300 for the third or subsequent offense. In addition to the monetary penalties provided here
, a court may enter injunctive relief to prevent future violations for maintaining a nuisance.
('71 Code, § 111.02) (Am. Ord. 16-99, passed 7-12-99) Penalty, see § 10.99