§ 58-191. Noise from radios, tape players, loudspeakers, sound amplifiers.

(a)

No person shall play, use, or 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, thoroughfare, or public or private parking lot; or

(2)

Any motor vehicles on a public street, highway, public space, or within the motor vehicular area of any public or private parking lot or park.

If, at the same time, the sound generated therefrom is audible at a distance of 30 feet from the radio, tape recorder, cassette player, or other machine or device that is producing the sound.

(b)

Possession by a person of any radio, tape recorder, cassette player or other machine or device for reproducing sound as enumerated in subsection (a) of this section, shall be prima facie evidence that such person operates, the radio, tape recorder, cassette player, or other machine or device for reproducing sound.

(c)

This section shall not be applicable to any operation of the above-named devices when a permit shall have been previously and appropriately issued under the provisions of section 58-190 by the mayor or police chief.

(d)

Any person violating any provision of this section shall be subject to a civil penalty in the amount of $100.00 for each offense. Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues.

(e)

Any person found to be in violation of any provision of this section shall be issued a citation which shall, among other things:

(1)

State upon its face the amount of the civil penalty and that it shall be paid within 96 hours from and after such violations;

(2)

Notify such offender that failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of a debt for the stated penalty plus the cost of the action to be taxed by the court; and

(3)

Further provide that the penalty may be paid at the town hall.

(f)

If the penalty prescribed in subsection (d) of this section is not paid within 96 hours, the town may initiate a civil action in the nature of a debt and recover the civil penalty and the cost of the action.

(Code 1999, § 34-28; Ord. of 10-2-1995, § 1(100.03, 100.04); Ord. of 10-16-1995, § 1)