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331.41 USE OF EARPHONES WHILE DRIVING.
   (a)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this section, "earphones" means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear.
   (b)   This section does not apply to:
      (1)   Any person wearing a hearing aid;
      (2)   Law enforcement personnel while on duty;
      (3)   Fire department personnel and emergency medical service personnel while on duty;
      (4)   Any person operating equipment for use in the maintenance or repair of any highway;
      (5)   Any person engaged in the operation of refuse collection equipment.
(ORC 4511.84)
Penalty - see Sections 307.01 and 307.02
331.42 VEHICLES AT RESTAURANT AND SHOPPING CENTER PARKING LOTS.
   (a)   No person, while on or adjacent to the premises of a restaurant or shopping center, shall race the motor of any car, suddenly start or stop any car, or make or cause to be made any other loud or unseemly noise. No person parked on the premises of such restaurant or shopping center shall blow or cause to be blown any automobile horn or motorcycle horn at any time while so parked.
(Ord. 202-1968. Passed 10-7-68.)
   (b)   No patron or other person on the premises of a restaurant or shopping center, whether in or out of an automobile, shall drink beer or other intoxicating liquor or have in his or her possession any open bottle, can or other receptacle containing beer or an alcoholic beverage of any other type, nature or description.
   (c)   No group of two or more persons shall congregate and linger at any location on the premises of a shopping center or restaurant, including a parked motor vehicle, other than in the restaurant building or other business establishment within the shopping center, without being able to give a reasonable and satisfactory account of themselves. Persons so congregating and lingering shall be deemed guilty of loitering. No person shall drive a motor vehicle onto the premises of a restaurant and then drive from such premises without parking such motor vehicle, unless there is no unoccupied parking space available on such premises.
(Ord. 211-1968. Passed 10-21-68.)
   (d)   No person shall leave any unoccupied motor vehicle on any restaurant parking lot and leave the premises thereof, except with the knowledge and consent of the operator of the restaurant.
   (e)   It shall be the duty of the restaurant operator who furnishes parking for patrons to post on the premises in a conspicuous location one or more signs bearing the following legend:
Cruising in or congregating and lingering outside of a motor vehicle is unlawful. No unoccupied vehicle may be left on these premises without the consent of the restaurant operator.
(Ord. 202-1968. Passed 10-7-68.)
   (f)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 307.01.
331.43 OPERATION OF VEHICLES IN UNAUTHORIZED AREAS.
   No person shall operate a motorcycle, dirt bike, go-cart, ATV or other motor vehicle in a residential area in the City on any surface other than a paved surface. This does not include any licensed motor vehicle operated on a driveway.
(Ord. 215-1988. Passed 10-3-88.)
Penalty - see Sections 307.01 and 307.02
331.44 NOISE DISTURBANCE FROM MOTOR VEHICLE PROHIBITED.
   (a)   No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of said vehicle.
   (b)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense committed within six months of a prior offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 66-2018. Passed 5-21-18.)
331.45 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES WHILE DRIVING.
   (a)   No person shall drive a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using a hand-held electronic wireless communications device in any manner, including holding the device in the hand or the lap, while composing, sending, or receiving text messages or using such a device to dial, answer, talk or listen, unless such use is otherwise authorized in division (b).
   (b)   Division (a) hereof does not apply to any of the following:
      (1)   A person using a hand-held electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)   A person employed by a government agency driving a public safety or public service vehicle who uses a hand-held electronic wireless communications device in the course of the person's duties;
      (3)   A person using a hand-held electronic wireless communications device whose motor vehicle is in a stationary position and who is outside a lane of travel, when a vehicle is legally parked, or when a vehicle is stopped due to the inoperability of such vehicle;
      (4)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
      (5)   A person using a voice-operated or hands-free device that allows the driver to maintain both hands on the vehicle's steering device while operating the vehicle, and allows the user to vocally compose or send, or listen to a communication without the use of either hand, except to activate or deactivate a feature or function.
   (c)   Whoever violates division (a) hereof is guilty of a misdemeanor of the fourth degree and shall be assessed points pursuant to Ohio R.C. 4510.036(C)(15).
   (d)   As used in this section:
      (1)   “Electronic wireless communications device” means a portable electronic device capable of transmitting and/or receiving data and includes any of the following:
         A.   A wireless telephone;
         B.   A text-messaging device;
         C.   A personal digital assistant;
         D.   A computer, including a laptop computer and a computer tablet;
         E.   Any other substantially similar wireless device that is designed or used to communicate text.
      (2)   “Text message” means a message sent or received by a process using wireless handsets. For the purpose of this section, an e-mail shall be considered a “text message.”
(Ord. 38-2019. Passed 4-15-19.)