(a)   No person operating or occupying a motor vehicle on a street, highway, alley, 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 (50) or more feet from the vehicle.

(b)   “Sound amplification system” shall mean any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   “Plainly audible” shall mead any sound produced by a sound amplification system from within the vehicle, which can be clearly heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words of 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.

(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 of Attica or a gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures, or transmit ting music to any persons or assemblages of persons in compliance with ordinances of the City of Attica.

(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 an ordinance violation, and upon conviction, shall be punished by fine not to exceed $500.00. Each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Ord. G-1115-04-05; Code 2015)