(A) No person shall operate or permit the operation of any sound amplification system to allow the sound to be plainly audible at a distance of 50 or more feet from the system.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLAINLY AUDIBLE. Any sound produced by a sound amplification system which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker or other electronic device used for amplification of the human voice or any other 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 condition.
(2) The system was being operated on an emergency or public safety vehicle.
(3) The equipment was being operated by a city, gas, electric, communications or refuse company.
(4) The system was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.
(5) The system was used in legitimate commercial, industrial or business operation as part of the business system.
(D) Any person who violates any provision of this section shall be guilty of a minor misdemeanor. Whoever violates any provision of this section a second time within one year of the date of the violation shall be guilty of misdemeanor of the fourth degree. Any subsequent violation of any provision herein shall result in an increase of one degree the severity of the misdemeanor charge.
(Ord. 5-2003, passed 2-26-03; Am. Ord. 53-2004, passed 7-28-04)