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Or L 4 • ORDINANCE 4OQ3-1-/ AN ORDINANCE REGULATING EXCESSIVE LOUD NOISES BY USE OF SOUND AMPLIFICATION SYSTEMS FROM MOTOR VEHICLES WITHIN THE CITY OF BATESVILLE, ARKANSAS, DECLARING A PENALTY FOR A VIOLATION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, it is the intent of the city council to prevent certain loud noises within the City of Batesville without infringing upon the rights of the city's inhabitants and visitors; and WHEREAS, it has been determined that such noises as described below have been determined to be a problem to the public peace and welfare within the City of Batesville. BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: SECTION 1. No person operating or occupying a motor vehicle on any street, alley, parking lot, or driveway, either public or private property, shall operate or permit the operation of any sound amplification system, including but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the ® amplification of sound from a motor vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle. For the purpose of clarification, "plainly audible"means any sound described herein which clearly can be heard, by unimpaired auditory senses based on a direct line of fifty or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation. SECTION 2. This ordinance is expressly limited to motor vehicles with sound amplification systems. Motor vehicles are herein described, for purposes of this ordinance, as vehicles, which transport passengers. SECTION 3. In the event of situations unforeseen and requiring special attention, the mayor or his or her designated agent may issue a special permit. In granting relief, consideration shall only be given within the intent of this ordinance and this is defined as disturbing the peace and public welfare from a motor vehicle within reasonable issues. SECTION 4. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and punished by a fine of not less than$100.00 and not more than $250.00 and if such violation continues, each day's violation shall be a separate offense by the appropriate court.