§ 12-109. Sound amplification systems.

(a)

No person shall operate or permit the operation of any sound amplification system which emanates unreasonably loud or excessive sound or noise which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities, when both the following exist:

(1)

The sound amplification system is located in or any motor vehicle on a public street, highway, or public park.

(2)

The sound or noise emanating from the sound amplification system is audible at a distance of greater than twenty-five (25) feet which exceeds eighty-five (85) decibels or be heard within a fifty-foot radius.

(b)

The provisions of this section do not apply to the use of horn, alarm, or other warning device which has as its purpose the signaling of unsafe or dangerous situations or to summon the assistance of law enforcement when used for such purpose, or when used for such purpose, or when used in conjunction with a permitted event.

(c)

Any person violating any provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined a minimum of twenty-five dollars ($25.00) per first offense and a maximum of five hundred dollars ($500.00) per second offense and thereafter, or be imprisoned in the city jail for a period not exceeding ninety (90) days, or be both fined and imprisoned.

(d)

Upon conviction for a first offense, the court may order the violator to surrender to the law enforcement agency that arrested the violator or reported the violation the driver's license of the driver involved in the violation for a period not to exceed thirty (30) days. The violator shall be responsible for the retrieval of his driver's license from the law enforcement agency after the expiration of the period of surrender.

(e)

Upon conviction for a second or subsequent offense, the court may order the violator to surrender to the law enforcement agency that arrested the violator or reported the violation, the driver's license of the driver involved in the violation for a period of not less than thirty (30) days or more than ninety (90) days. The violator shall be responsible for the retrieval of his driver's license from the law enforcement agency after the expiration of the period of surrender.

(Ord. No. 1905, 9-21-2004, Ord. No. 1972, 9-19-2006, Ord. No. 2022, 7-3-2007; Ord. No. 2224, 7-5-2011)