AN ORDINANCE OF THE CITY OF TROY, KANSAS PROHIBITING THE OPERATION OF LOUD SOUND AMPLIFICATION SYSTEMS IN MOTOR VEHICLES WITHIN SAID CITY.
Whereas, the use of loud sound amplification systems in motor vehicles presents a safety hazard to the citizens and motoring public of the City of Troy, Kansas; and
Whereas, the use of loud sound amplification systems can prevent the operator of a motor vehicle from hearing approaching or overtaking emergency vehicles, and can distract the driver’s attention from the safe operation of motor vehicles within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:
Section 1. LOUD SOUND AMPLIFICAION SYSTEMS PROHIBITED.
No person operating or occupying a motor vehicle on a street, highway, parking lot, or driveway located within the corporate limits of the City of Troy, Kansas, shall operate or permit the operation of any sound amplification system from within or without the vehicle so that the sound is plainly audible at a distance of twenty-five (25) or more feet from the vehicle.
Sound amplification system means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.
Plainly audible means any sound produced by a sound amplification system from within or without the vehicle, which clearly can be heard at a distance of twenty-five (25) feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernable and bass reverberations are included. The motor vehicles may be stopped, standing, parked or moving on any street, highway, alley, parking lot, or driveway.
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:
The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
The vehicle was an emergency or public safety vehicle;
The vehicle was owned and operated by the City of Troy or a gas, electric or communications company;
The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City of Troy;
The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical promotions and other activities which have been approved by the City of Troy.
Section 2. PENALTY. Any person, individual, partnership, corporation or association who/which violates any of the provisions of this ordinance is guilty of an ordinance violation, and upon conviction therefore, shall be punished by a fine not to exceed $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment. In the event of a continuing violation, each day any violation hereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.
Section 3. EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication in the official City newspaper.
PASSED by the Council and APPROVED by the Mayor on the 17th day of May, 2005.
Leonard Clary, Mayor
Attest:
Jane M. Boeh
City Clerk
