(a) It shall be 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 within the motor vehicle so that the sound is:
(1) Audible at a distance of 100 feet or more from the motor vehicle; or
(2) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches or schools.
(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 the 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 motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices, as allowed by permit.
(d) 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.
(e) “Audible” means any sound produced by a radio, tape player or other mechanical or electronic soundmaking device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be heard outside the vehicle by a person using his 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 audible, as defined herein, shall 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.
(2) The officer shall have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
(3) The officer need not determine the particular word 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 an audible sound.
(g) The motor vehicle from which the sound is produced shall be located upon (stopped, standing or moving) within the City. Parking lots and driveways are included.
(h) The standards as set forth above shall also apply to the detection of the sound that is louder than necessary for the convenient hearing of persons inside the motor vehicle in areas adjoining churches or schools.
(i) It shall be unlawful for any person to operate a motor vehicle which causes audible noise levels, as defined in subsection (e) hereof, as a result of a defective or modified exhaust system, as a result of an unnecessary rapid acceleration, de-acceleration, reving or tire squeal.
(j) Any person who violates the provisions of this section shall be guilty of a minor misdemeanor.
(Ord. 1994-81. Passed 12-19-94.)
(Ord. 1994-81. Passed 12-19-94.)