§ 11.38.380. Loud sound amplification systems in vehicles prohibited—Penalty.

(a)

No person operating a motor vehicle on a street, highway, alley, public park, parking lot, or driveway 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 fifty or more feet from the vehicle.

(b)

"Sound amplification system" means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)

"Plainly audible" means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty 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 bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, public park, parking lot, or driveway.

(d)

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 the city or a gas, electric, communications or refuse company;

(4)

The system was used for the purpose of giving instructions, directions, talks, addresses, lecture or transmitting music to any persons or assemblages of persons in compliance with this Code; or

(5)

The vehicle 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.

(e)

Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction shall be punished by a mandatory fine of fifty dollars. The imposition of the fine established herein shall be mandatory and the court shall not waive, remit, suspend, parole or otherwise excuse the payment thereof, except that the court may order that the defendant perform community service specified by the court but such an order shall be entered only after the court has required the defendant to file an affidavit of such defendant's financial condition as required by Section 1.04.210(e) and amendments thereto, and the court has found from the information contained in the affidavit that the defendant is financially unable to pay the fines imposed.

(Ord. No. 43-461 § 1)