§ 10.5-60. Unreasonably excessive noise in motor vehicles.

(a)

Purpose and intent. This section is not intended to limit or regulate the content of speech.

(b)

Definitions. For the purpose of this section, the following definitions apply:

(1)

Plainly audible means any sound produced by a radio or other mechanical or electrical sound making device or instrument from within a motor vehicle, including sound produced by a portable sound making device, that can be clearly heard outside the motor vehicle by a person using his or her normal hearing facilities at a distance of fifty (50) feet or more from a motor vehicle.

(2)

Unreasonably excessive is when the sound is plainly audible at a distance of fifty (50) feet or more from a motor vehicle.

(3)

Law enforcement officer means any sworn law enforcement officer.

(c)

Prohibited acts.

(1)

It is unlawful for any person who operates or occupies a motor vehicle in Polk County, Florida, to operate or amplify the sound produced by a radio or other mechanical or electrical sound making device or instrument from within the motor vehicle so that the sound is unreasonably excessive.

(2)

To determine whether sound is "plainly audible," measurements shall be taken in accordance with the following:

a.

The primary means of detection shall be by means of the law enforcement officer's ordinary auditory senses, so long as the law enforcement officer's hearing is not enhanced by any device, such as a microphone or hearing aid.

b.

The law enforcement officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that the law enforcement officer can readily identify the offending motor vehicle and the distance involved.

c.

The law enforcement officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.

(3)

Penalties. In accordance with Section 125.69, Florida Statutes, any person, entity, group, representative, or corporation violating any provision of this section, shall be subject to the following penalties:

a.

First offense: A fine of one hundred dollars ($100.00).

b.

Second offense: A fine of two hundred fifty dollars ($250.00).

c.

Third or subsequent charge: A fine of five hundred dollars ($500.00).

(d)

Conflicts with other laws. If the instance arises that the provisions or requirements of this section conflict with the requirements or provisions of any other adopted county ordinances, then the requirements adopted in Ordinance No. 14-073 shall apply over any other provision in conflict therewith.

(e)

Enforcement. This section may be enforced by the sheriff of Polk County and his deputies in Polk County, Florida; and may be enforcement by municipal law enforcement officers within their specific municipal jurisdictional boundaries for the municipalities that this section is effective within, as specified in subsection (g) below. Fines assessed under this section shall be distributed in accordance with all applicable county ordinance and Florida Statutes. Thereafter, remaining funds from the fines shall be distributed in the following manner: If a municipality issues a violation of this section and a fine is assessed, then eighty (80) per cent of the remaining funds shall be distributed to the municipality by the clerk, and the clerk shall issue the remaining twenty (20) per cent of the funds to the county. If Polk County sheriff's office issues a violation of this section and a fine is assessed, then one hundred (100) per cent of the remaining funds shall be distributed to the county by the clerk.

(f)

Assessment. One year after the effective date of the ordinance from which this section derived, the sheriff of Polk County shall provide a written report to the Polk County board of county commissioners assessing the effectiveness of the ordinance, together with any recommended changes that would enhance and further protect the public health, safety and welfare of the citizens of Polk County, Florida.

(g)

Applicability. This section shall apply to unincorporated Polk County, Florida, and the municipalities within Polk County, Florida (hereinafter "municipality"), unless a municipality adopts or has adopted an ordinance on the subject matter contained herein, or unless a municipality sends a written letter to the board opting out of the ordinance.

(Ord. No. 14-073, §§ 2—9, 12-16-14)