Sec. 94-109. Sound amplifying equipment.
(a) Prohibition. No person shall use or operate or allow to be used or operated any loudspeaker, public address system, radio, tape player, disc player or other sound amplifying equipment in or on a motor vehicle in such a manner as to be plainly audible at 25 feet from the motor vehicle unless a permit has been issued pursuant to subsection (d) of this section which allows such amplification. If such a permit has been issued, the intensity and loudness of any amplified sound which is transmitted shall comply with the provisions of chapter 146.
(b) Exception. The provisions of subsection (a) of this section shall not apply to sound made or controlled by the City, the federal government or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it or when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease or permit granted by such governmental body, or any authorized emergency vehicle.
(c) Definition. For the purposes of this section, the term "plainly audible" means that the information content of the sound is unambiguously transferred to the auditor, such as but not limited to understanding of spoken speech, comprehension of raised or normal voices or comprehension of musical rhythms.
(d) Permit. Any person desiring to use or operate any loudspeaker, public address system or other sound amplifying equipment in or from a motor vehicle for commercial or noncommercial purposes which is plainly audible at 25 feet must first obtain a permit from the chief of police or the chief's designee. The permit may authorize the use or operation of such sound amplifying equipment between the hours of 7:00 a.m. and 10:00 p.m. for one day and shall then automatically expire. The application for the permit shall be filed with the chief of police or the chief's designee at least five business days prior to the proposed use of the sound amplifying equipment and must contain the following information:
(1) The name, street address and telephone number of both the owner and the user of the sound amplifying equipment;
(2) The year, make, model, VIN and license plate number of the motor vehicle which is to be used;
(3) The purpose for which the sound amplifying equipment will be used;
(4) A general description of the sound amplifying equipment which will be used; and
(5) The date and times when the equipment is proposed to be operated and the specific route over which the vehicle containing the equipment is to be driven while the equipment is being operated, including the starting point and the termination point.
The permit must be obtained unless the person who desires to operate the sound amplification equipment described in this subsection for commercial or noncommercial purposes has previously obtained a valid special use permit or any other permit allowing such operation under this Code, and no more than five such permits shall be issued to the same person during any calendar year. Upon compliance with this section, a permit shall be issued by the chief of police allowing the use of sound amplifying equipment in compliance with the terms and conditions thereof and subject to the provisions of chapter 146.
(e) Possession of permit. The possession of a valid permit shall be an affirmative defense in any prosecution under this section. (Ord. No. 95-92, §§ 1(27-78), 2, 10-30-1995)