[Ord. No. 92-28 § 1, 2-9-1993]
This Article shall be known as the "Vehicle Noise Control Ordinance"
and its purpose shall be to control and regulate the noise of motor
vehicles.
[Ord. No. 92-28 § 2, 2-9-1993]
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" 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 the vehicle, which clearly
can be heard at a distance of fifty (50) feet or more. Measurement
standards shall be by auditory senses, based upon 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.
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 system was in an emergency vehicle or public safety vehicle.
3.
The system or vehicle was owned and operated by the City of Lexington
or a gas, electric, communications or refuse company.
4.
The system or vehicle was used for the purpose of giving instructions,
directions, talks, addresses, lectures or transmitting music to any
person or assemblages of persons in compliance with ordinances of
the City of Lexington.
5.
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 City Administrator/Mayor.
[Ord. No. 92-28 § 3, 2-9-1993]
Any person, individual, partnership, corporation or association
who violates any of the provisions of this Article is guilty of a
misdemeanor and upon conviction, shall be punished as follows:
1.
For a first offense, a fine of not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00); and
2.
For a second and subsequent offense in a calendar year, a fine of
not less than one hundred dollars ($100.00), nor more than five hundred
dollars ($500.00) and/or imprisonment of not more than ninety (90)
days.
3.
Each day any violation hereof is found to exist or continues to exist
shall be a separate offense and punishable as such hereunder.
