(a) The following definitions shall apply to this section:
(1) "Plainly Audible” shall mean a sound or audio emission which is clearly discernable, distinct, or perceptible at a distance of 50 feet from the source of the sound emission. For purposes of this definition, to the extent that a sound emission contains specific content, such as music lyrics or human speech, such contents need not be specifically intelligible in order to be plainly audible.
(2) “Sound Emission" shall mean an audible sound or signal which is generated or originates from any source, including but not limited to a human voice, an external or internal speaker, radio, television, compact disk player, phonograph or record player, public address system, sound amplification system, musical instrument, or motor vehicle.
(3) “Sound Amplification System" shall mean any sound or audio device which generates, amplifies, or propagates any sound emission, including but not limited to a speaker system, stereo or audio component, device or system, radio, audio compact disc player, audio tape system, and portable audio device or system.
(4) “Motor Vehicle" shall be defined as set forth in Ohio Revised Code Section 4511.01 (B).
(b) No owner, operator, or person in possession or control of a motor vehicle containing any sound amplification system shall cause or allow the system to generate a sound emission from the motor vehicle with an intensity and duration such that the emission constitutes an unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities located outside of the motor vehicle.
(c) No person, firm, corporation or other entity in possession or control of a premises or private property shall cause or allow a sound emission to be generated on the premises or private property with an intensity and duration such that the emission constitutes an unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities located off of premises or private property.
(d) No person, firm, corporation or other entity located on public property shall cause or allow a sound emission to be generated on the public property with an intensity and duration such that the emission constitutes an unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities located off of premises or private property.
(e) It shall be a prima facie violation of subsection (b) of this section where the emission constituting the unreasonable noise or loud sound is plainly audible at a distance of 50 feet from the motor vehicle. The 50 feet distance shall be determined as the line of sight distance from the motor vehicle.
(f) It shall be a prima facie violation of subsection (c) of this section where the emission constituting the unreasonable noise or loud sound is plainly audible at a distance of 50 feet from the premises or property from where the sound emission is generated. The 50 feet distance shall be determined beginning from the property line, or, in cases where the property line is not immediately ascertainable, at a distance of 50 feet from where there is a clear indication of a property boundary.
(g) It shall be a prima facie violation of subsection (d) of this section where the sound emission constituting the unreasonable noise or loud sound is plainly audible at a distance of 50 feet from the source generating the sound emission. The 50 feet distance shall be determined as the line of sight distance from the source of the sound emission.
(h) This section shall not apply to any of the following circumstances:
(1) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic safety condition;
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
(3) The motor vehicle is owned and operated by a federal or state governmental agency, political subdivision, municipality, or a public utility;
(4) The-motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization;
(5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state or local law:
(6) The operator oi a motor vehicle is lawfully utilizing a motor vehicle horn;
(7) The use of a public or private or alarm or warning devices for the purpose of signaling a public or private emergency;
(8) The generation of sound emissions arising out of any private or public event for which an applicable license or permit has been obtained allowing for the event, or for which prior City approval or permission for the event has been obtained;
(9) Public or private construction or repair activity within the City wherein any applicable licenses or permits were obtained prior to engaging in the activity. Subject to any licenses or permits to the contrary, unless the construction or repair activity constitutes an emergency or safety measure for the protection of persons or property from an imminent exposure to physical danger, such activity is confined between the daily hours of 7:00 a.m. until 10:00 p.m.; or
(10) The sound emissions are the result of activity of a temporary duration for which a license, permit, or other formal approval of the City has been specifically granted.
(i) In making a determination of violations under subsections (b), (c) or (d) of this section, the court shall consider any of the following factors which are applicable:
(1) Any complaints of adjacent or adjoining property owners;
(2) The time of day of the sound emission;
(3) The intensity and duration of the sound emission;
(4) The nature of the sound emission; or
(5) Alternative means to engaging in the underlying activity giving rise to the sound emission where such means may have reduced or avoided the sound emissions.
(j) Whoever violates subsections (b), (c). or (d) of this section is guilty of generating excessive sound emissions, which shall be punished as follows:
(1) Minor Misdemeanor: If the offender has not previously been convicted of or pled guilty to a violation of subsections (b), (c), or (d) of this section within one year of the pending offense, the offender is guilty of a minor misdemeanor;
(2) Fourth Degree Misdemeanor: If within one year of the pending offense, the offender has been previously convicted of or pled guilty to a violation of subsections (b), (c), or (d) of this section, the offender is guilty of a misdemeanor of the fourth degree; or
(3) Third Degree Misdemeanor: If within one year of the pending offense, the offender has been previously convicted of or pled guilty to two or more violations of subsections (b), (c), or (d) of this section, the offender is guilty of a misdemeanor of the third degree.
(Ord. 97-24. Passed 9-8-97.)