[Ord. No. 2007-13 §1, 8-20-2007]
A. No
person shall play, use, operate or permit to be played, used or operated,
any radio, tape recorder, cassette player or other machine or device
for reproducing sound, if it is located in or on any of the following:
1. Any public property, including any public street, highway, building,
sidewalk, park or thoroughfare; or
2. Any motor vehicle on a public street, highway or public space; and
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with respect to either Subsection (1) or (2), if the sound generated is audible at a distance of thirty (30) feet from the device producing the sound.
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B. No
person shall operate or cause to be operated within the City any sound
amplification equipment which is plainly audible from any public property,
the language amplified by which is obscene.
C. Possession by a person or persons of any of the machines or devices enumerated in Subsections
(A) and
(B) shall be prima facie evidence that such person operates, or those persons operate the machine or device.
D. If
any person operating a motor vehicle is witnessed to have violated
the provisions of this Section and the identity of the operator of
the motor vehicle is not otherwise apparent, it shall be a rebuttable
presumption that the person in whose name such vehicle is registered
committed the violation. In the event that charges are filed against
multiple owners of a motor vehicle, only one (1) of the owners may
be convicted and court costs may be assessed against only one (1)
of the owners. If the vehicle which is involved in the violation is
registered in the name of a rental or leasing company and the vehicle
is rented or leased to another person at the time of the violation,
the rental or leasing company may rebut the presumption by providing
the Peace Officer or prosecuting authority with a copy of the rental
or lease agreement in effect at the time of the violation. No prosecuting
authority may bring any legal proceedings against a rental or leasing
company under this Section unless prior written notice of the violation
has been given to that rental or leasing company by registered mail
at the address appearing on the registration and the rental or leasing
company has failed to provide the rental or lease agreement copy within
fifteen (15) days of receipt of such notice.
E. Enforcement.
1. Powers of arrest or citation. Any authorized Police
Officer shall issue a citation for any violation under this Section,
except they may arrest for instances when:
a. The alleged violator refuses to provide the officer with such person's
name and address and any proof thereof as may be reasonably available
to the alleged violator.
b. When the alleged violator refuses to cease such person's illegal
activity after being issued a citation.
F. Penalty. Any person, firm or corporation violating any provision
of this Section shall be fined not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) for each offense, and
a separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.