8.08.020 Loud sound-amplification systems in vehicles.

A. 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 fifty (50) 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 a vehicle, which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based on 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, parking lot or driveway, on either public or private property.

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, communica-tions or refuse company; or

4. The system or vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the governing body or a department of the city authorized to grant such approval. (Ord. G-662 § 2, 1992)