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No person shall operate a motor vehicle in a public place or in any public street, highway or alley from which said motor vehicle, any stereo, tape player, compact disc player, radio or any other sound amplification device can be heard a distance of 50 feet or more, and the noise disturbs one or more members of the general public.

(1) Before a person can be charged with a violation of this section, that person shall be given a written warning ticket that they are in violation of this section. The warning may be given by a law enforcement officer or any other person. The warning does not need to contain any specific language. A warning that informs the person that he or she is in violation of the city ordinance and that unless the volume is reduced to a legal level, the person is subject to arrest or citation, or similar language, is sufficient.

(2) The provisions of this section may be enforced following personal observance or hearing by any law enforcement official or upon complaint made or filed by the person disturbed by such noise.

(3) This section shall not apply to bona fide political speech, including peaceful speeches.

(4) The mayor or the mayor’s designee may grant a temporary variance to this section to facilitate special events, including but not limited to parades or carnivals. Any such temporary variance shall be in writing. [Ord. 481 § 1, 2000; Code 1975 § 2.1-1.0107.]