(a)
No person operating or occupying a motor vehicle in 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 thirty 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 thirty 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 a public utility company, including the City of Atlanta, Texas; or
(4)
The system or vehicle was used in an authorized public activity such a parade, fireworks, sporting event, musical production, or other activity which has the approval of the city council or a department of the city authorized to grant such approval.
(e)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction in the municipal court of the city shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. Each day of such violation shall be deemed a separate offense.
(Ordinance 97-10, adopted 1/8/98)