§ 34-52. Excessive sound level from broadcast vehicle.
(a)
Purpose. Whereas excessive sound from broadcast vehicles is a serious hazard to the public health, welfare, safety and the quality of life, in that such sound prevents or inhibits individuals from hearing emergency vehicle sirens, train whistles, and other audible safety warnings, and such sound further unreasonably annoys others, intrudes upon the privacy and seclusion of others and distracts them from their primary responsibility of safely operating a vehicle, any and/or all of which constitutes a public nuisance; and whereas, the citizens of Rayne have a right to, and should be ensured of, an environment free from excessive sound, including excessive sound from broadcast vehicles; and whereas, broadcast vehicles constitute a transient and mobile source of excessive sound, which is not subject to feasible or effective regulation by the use of sound measurement devices; and whereas, considering the foregoing, it is the policy of the city government to prevent excessive sound from broadcast vehicles that may jeopardize the health, welfare, or safety of the citizens of Rayne or degrade the quality of life therein, and in accordance therewith, the city council establishes the following regulations governing control of noise from broadcast vehicles in the city.
(b)
Applicability. This section shall apply to areas inside the city.
(c)
Definitions. For purposes of this section, the following terms are defined as follows:
Broadcast vehicle means a vehicle with music amplification, reproduction equipment, or either equipment capable of emitting sound in violation of this section.
Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, the detection of the rhythmic bass component of music is sufficient to verify plainly audible sound. The title or identity of the broadcast or music, specific words or melody, or the identity of the artist or performer need not be determinable.
(d)
Excessive sound from broadcast vehicle on public property. It shall be unlawful to operate a broadcast vehicle on any public property in such a manner as to emit sound from music amplification, reproduction equipment, or other equipment which is either.
(1)
Plainly audible at a distance of 50 feet in any direction; or
(2)
Of such volume as to be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensibilities within the area of audibility; or
(3)
Disturbing to the peace, quiet, comfort, or repose of a person in any residential dwelling, persons in another vehicle, or persons in any public place.
(e)
Excessive sound from broadcast vehicle on private property. It shall be unlawful to operate a broadcast vehicle on any private property in such a manner as to emit sound from any music amplification, reproduction equipment or other equipment which is either:
(1)
Plainly audible at a distance of 50 feet in any direction; or
(2)
Of such volume as to be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable person of normal sensibilities within the area of audibility; or
(3)
Disturbing to the peace, quiet, comfort, or repose of a person in any residential dwelling, persons in another vehicle, or persons in any public place.
(f)
Movement or occupancy of vehicle unnecessary to violation. This section shall apply, and a violation of this section may occur, whether a broadcast vehicle is in motion or stationary. This section shall apply, and a violation of this section may occur, whether a broadcast vehicle is occupied or unoccupied.
(g)
Penalty. Whoever violates this section shall be fined not more than $500.00 or imprisoned for not more than six (6) months or both. Additionally, the judge in his discretion; may order the seizure and confiscation of any equipment which caused or contributed to the offense.
(Ord. No. 923, § 2, 4-8-96; Ord. No. 998, 4-12-04)