(a) No person shall play any music device in or about a dwelling, building, structure or establishment in such a manner or at such a volume as unreasonably to annoy or disturb the comfort, peace and quiet of neighboring persons of ordinary sensibilities.
(b) For purposes of this section, “music device” means any radio, stereo, music player, television, audio system, speaker system, musical instrument or other music-producing or music amplifying device.
(c) The provisions of Section 509.08 shall not apply to the following:
(1) Persons participating in a parade, assemblage or procession in accordance with a permit issued pursuant to Section 311.02;
(2) Persons participating in a public assemblage, gathering, block party, carnival, festival, fair, dance, show, or entertainment event, provided such is conducted by the City or pursuant to permission or license issued by the City.
(3) College, high school and City bands;
(4) Persons in possession of a vendor’s or Health Department permit allowing the sale of food from a motor vehicle; and
(5) Bells and carillon devices upon the premises of a “school” or “church”, as defined in Section 763.02.
(d) A violation of this section shall be punishable as follows:
(1) A first violation of this section within any one year period shall be a minor misdemeanor.
(2) A second and subsequent violation of this section within any one year period shall be a fourth degree misdemeanor.
(3) Upon a third or subsequent violation of this section within any one year period, all music devices involved in such violation shall be deemed contraband and subject to seizure and forfeiture under Ohio R.C. 2933.41 through 2933.43.
(Ord. 29-06. Passed 3-6-06.)