(A) No person shall play, use, operate or permit to be played, used, or operated any radio; tape, digital or disc player; or other device for receiving broadcast sound or reproducing recorded sound if the device is located on the public way or in any vehicle on the public way, and if the sound generated by the device is clearly audible to a person with normal hearing at a distance of 75 feet. This section shall not apply to a person participating in a parade or public assembly for which a permit has been issued, nor to any authorized emergency vehicle nor to any utility vehicle while being used for work in the public way.
(B) Any person, including the operator of any vehicle, who violates this section shall be subject to an administrative penalty of up to $1,000.
(C) A vehicle used in violation of this section shall be subject to seizure and impoundment. The owner of any vehicle used in violation of this section may be assessed an administrative penalty of $1,000 in addition to fees for towing and storage. It shall be a defense to such penalty that the vehicle was stolen at the time of the violation and the theft was reported to police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.
(D) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. When a vehicle is towed, the police officer shall give written notice to a person who appears to be in control of the vehicle at the time of the alleged violation, if such a person is present, of the seizure and of the vehicle owner's right to request a preliminary hearing pursuant to this section.
(E) The owner of a vehicle which is seized and impounded pursuant to this section may, within 30 days after seizure, submit a written request to the Police Department for a preliminary hearing before an administrative hearing officer. The request for hearing shall be immediately forwarded to the administrative hearing officer. The hearing shall be conducted within 48 hours after receipt of the written request at the Police Department, excluding Saturdays, Sundays and holidays. At the preliminary hearing, the hearing officer shall determine whether there is probable cause to believe that the vehicle was used in a violation of this section. If the hearing officer determines that there is such probable cause, he or she shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts with the village a cash bond of $1,000 plus the amount of towing and storage fees. If the hearing officer determines that there is no such probable cause, he or she shall order the vehicle returned to the owner without penalty or fees.
(F) Within ten days after a vehicle has been impounded pursuant to this section, the Police Department shall send notice by certified mail to the registered owner of the vehicle, advising of the penalty which may be imposed upon the owner, of the owner's right to request a preliminary hearing pursuant to division (E), and also advising of the owner's right to a full hearing before an administrative hearing officer, to contest the charge of a violation of this section. The notice shall explain the procedure and time for requesting a hearing and shall state also that if no hearing is requested and no bond posted, the vehicle may be sold or disposed of by the village in accordance with applicable law. A copy of the notice shall be forwarded to the hearing officer.
(G) The owner who has received notice pursuant to division (F) may, within 30 days of the date of the seizure, submit a written request to the Police Department for either a preliminary hearing as described in division (E), or a full hearing. The request shall be immediately forwarded to the hearing officer. A full hearing shall be held within 30 days after receipt by the Police Department of the owner's request. After a full hearing, the hearing officer shall determine whether, by the preponderance of the evidence, the vehicle was used in violation of this section. If the hearing officer determines that the vehicle was so used, he or she shall enter an order holding the owner liable to the village for the amount of the administrative penalty, plus towing and storage fees. If the hearing officer determines that the preponderance of the evidence does not support a finding that the vehicle was so used, he or she shall enter an order holding the owner not liable to the village and directing the return of the vehicle without penalty or fees, or the return of the cash bond. If, however, the vehicle is subject to seizure and impoundment for any reason other than violation of this section, the hearing officer shall not direct release of the vehicle until receipt of authorization from the appropriate agency.
(H) If the owner of an impounded vehicle fails to request a full hearing or, having made such a request, fails to appear, the owner shall be deemed to have waived his or her right to a hearing. The administrative hearing officer shall enter a default order in favor of the village in the amount of $1,000 plus towing and storage fees. Any cash bond posted pursuant to division (E) shall be applied to the amount owed.
(I) An administrative penalty imposed pursuant to this section, together with towing and storage fees, shall constitute a debt owed to the village which may be enforced in any manner provided by law. The vehicle shall continue to be impounded until the debt is paid, when it shall be given to the person legally entitled to possession; or until it is sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. Whenever a person with a lien of record against a vehicle impounded pursuant to this section has commenced foreclosure proceedings, possession of the vehicle may be given to such person if such person agrees in writing to refund to the village the net proceeds of any foreclosure sale, less any amounts necessary to pay all lienholders of record, up to the total amount of penalties and fees imposed pursuant to this section. If, however, the vehicle is subject to seizure and impoundment for any reason other than violation of this section, the vehicle shall not be released until receipt of authorization from the appropriate agency.
(J) Any motor vehicle which is not reclaimed within 30 days after expiration of the time during which the owner may seek judicial review of the village's action under this section or, if judicial review is sought, the time at which a final judgment is rendered in favor of the village, may be disposed of as an unclaimed vehicle as provided by law.
(`95 Code, § 131.08) (Ord. 01-22, passed 8-8-01; Am. Ord. 02-01, passed 1-9-02)
Cross-reference:
Sound amplification; motor vehicles, see § 71.107