§ 92.57. Sound amplification systems in vehicles.

(A)

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 from within the vehicle, which clearly can be heard at a distance of 50 feet or more.

Sound amplification system. Any radio, tape player, compact disc player, loud speaker, or other electronic devise used for the amplification of sound.

(B)

No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway, whether public or private property, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle. Measurement standards shall be by the auditory senses, based on line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway, or either public or private property.

(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 a public utility company, including the city; or

(4)

The system or vehicle was used in authorized public activity, such as parade, fireworks, sporting event, musical production, or other activity which has the approval of the City Commission or a department of the city authorized to grant such approval.

(Ord. 635, passed 1-24-94)

Cross reference

Penalty, see § 92.99.