§ 17-94. Operating vehicle with too loud music.

(a)

It shall be unlawful for any person to operate a vehicle located upon any public street or other right-of-way and to be playing or operating, or permitting the playing, use or operation, of any radio, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for the purpose and can be heard from the distance of fifty (50) feet or more when the source of such sound is located upon any public right-of-way; and/or

(b)

It shall be unlawful if said source is located upon any right-of-way and can be heard inside a structure or in a motor vehicle other than the source of said noise and if in the receiving motor vehicle which is located a distance of fifty (50) feet or more from the source of the noise all doors and windows are closed.

(c)

It shall be prima facie evidence of a violation of this section if the sound can be heard outside the limits described in subsections (a) and (b).

(d)

The penalty for a first violation of this section shall be one hundred dollars ($100.00) plus court costs. The penalty for a second and subsequent violations of this section shall be two hundred dollars ($200.00) plus court costs.

(e)

The purpose of this section is to prohibit excessive or unusual noise which either annoys, disturbs, injures or dangers the comfort, repose, health, peace or safety of others located within or adjacent to public right-of-way.

(Ord. No. 2006-27, § 2, 9-19-06)