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(a) No person shall, while operating or occupying a motor vehicle anywhere within the village, operate or amplify the sound produced by a radio, tape or CD player, or other mechanical or electronic sound-making device or instrument from any motor vehicle so that the sound is:
(1) Plainly audible at a distance of 100 feet or more from the motor vehicle; or
(2) Louder than necessary for convenient hearing by persons inside the motor vehicle between the hours of 11:00 p.m. and 7:00 a.m. of the following day.
(b) This section shall not apply to public safety vehicles equipped with any communication and/or warning device necessary in the performance of any of the functions of such vehicles.
(c) This section shall not apply to motor vehicles used for business or political purposes which, in the normal course of conducting such business, use sound-making devices.
(d) This section shall not apply to the noise made by a horn or other warning device required or permitted by state law.
(e) As used in this section, “plainly audible” shall mean any sound produced by a radio, tape or CD player, or other mechanical or electronic sound-making device or instrument, from within the interior or on the exterior of a motor vehicle, including sound produced by a portable sound-making device, that can be heard outside the vehicle by a person using his or her normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
(f) Any law enforcement personnel who hears a sound that is plainly audible, as described herein, shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
(2) The officer must be able to readily identify the offending vehicle 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.
(g) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 615, passed 4-15-1996)