(a) No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, disc player, television, video or audio tape player, public address system, bullhorn, loudspeaker, or any other device designed and/or utilized for the purpose of producing and/or amplifying sound, or by a horn, siren, drum, or other musical or percussion instrument.
(1) It is and shall be prima facie evidence of a violation of this section for any person to generate or to permit the generation of sound by any of the devices or instruments described above under any of the following circumstances:
A. On private property between the hours of 9:00 p.m., and 8:00 a.m. of the following day in a predominantly residential area, or from property within a Residential District established pursuant to Parts Eleven and Twelve of the Planning and Zoning Code of the City of Bellevue, regardless of existing non-conforming use or variance, when the sound is audible more than fifty feet from the source of said sound, or the property line of the property on which the sound is generated, whichever is the greater distance;
B. On a street, highway, or alley, within the public right-of-way, or in the parks or on other public property of the City where sound is audible more than 100 feet from the device generating the sound, with the exception of the sound generated by or emanating from a parade or other special event and the person or organization conducting the parade or special event had obtained a special event permit, if required, from the appropriate City Agency.
(b) No person, being the owner, or person in possession or control of a premises, or person in possession or control of a premises by reason of employment, agency, or other relationship or status, whether such ownership, possession, or control is exclusive, joint, or several, shall permit a violation of this section.
(c) Warning and alarm devices which are designed and utilized to signal unsafe or dangerous situations, to call for or to summon police or emergency personnel, or which are utilized by appropriate law enforcement or emergency vehicles and their occupants in their pursuit of their duties and responsibilities are excepted from the prohibitions of this section.
(d) Whoever violates this section is guilty of generating unreasonable noise, the first offense of which shall be a minor misdemeanor. Each and every subsequent violation of this section stall be a misdemeanor of the fourth degree, and any violation of this section which persists after a law enforcement officer has made a reasonable request or given a reasonable warning that the same desist shall be a misdemeanor of the fourth degree.
(e) As to any violation of this section involving sound equipment in or upon a motor vehicle, said sound equipment is hereby deemed and declared to be contraband subject to seizure and forfeiture pursuant to Ohio R.C. 2933.41 through 2933.43.
(Ord. 51-97. Passed 9-8-97.)