(a) It is unlawful for any person operating or occupying a motor vehicle within the City to operate or amplify the sound produced by a radio, tape player, compact disc player or other sound-making device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of fifty feet or more from the motor vehicle.
(b) “Plainly audible” means any sound produced by a radio, tape player, compact disc player or other mechanical or electronic sound making device or instrument from within the interior or exterior of a motor vehicle, including sound produced by a portable sound making device, that can be clearly heard outside the vehicle by a person using his/her normal hearing faculties, at a distance of fifty feet or more from the motor vehicle.
(c) Any law enforcement personnel who hears a sound that is plainly audible as defined herein shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by a mechanical device, such as a microphone or hearing aid.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he/she can readily identify the offending motor vehicle and the distance involved.
(3) The 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.
(4) The officer must be in a stationary position, a minimum of fifty (50) feet away from the offending vehicle.
(d) The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the City. Parking lots and driveways are included.
(e) In any violation of this section, involving sound equipment in a motor vehicle, both the sound equipment and/or the motor vehicle are hereby deemed to be contraband and may be subject to seizure and forfeiture under Ohio R.C. 2933.41.
(f) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(Ord. 60-04. Passed 6-14-04.)