ARTICLE 21. OTHER TRAFFIC RELATED OFFENSES
10.01.205 Loud Sound Amplification Systems Prohibited.
(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from or upon the vehicle so that the sound is plainly audible at a distance of fifty (50) feet or more 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 or upon the vehicle, which can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based upon 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 at the time of measurement.
(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, under any of the following circumstances:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(3) The vehicle was owned and operated by the City of Olathe or a gas, electric, communications, utility or refuse company authorized to do business in the City of Olathe, Kansas;
(4) 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 Olathe;
(5) The vehicle was used in authorized public activities, such as parades, which have the approval of the City of Olathe, Kansas.
Each day any violation hereof is found to exist or continues to exist shall be a separate offense. (Ord. 01-89 § 2, 2001.)