(1) A “personal audio amplification system,” or “system,” means any radio, audio cassette tape player, compact disk player, loud speaker, or other electronic device used for the amplification of live or recorded sound installed in a vehicle.
(2) “Plainly audible sound” means any sound produced by a personal audio amplification system from within a vehicle, or elsewhere, which clearly can be heard, or the vibrations from which can be felt, at a distance of fifty feet or more. Measurement standards shall be auditory, visual, and tactile senses, based upon a direct line of sight. Words or phrases need not be produced or discernible. Bass reverberations are included.
(3) “Vehicle” means any motor vehicle, whether it be stopped, parked, or moving on the street, highway, alley, parking lot, driveway, any other vehicular thoroughfare or on any public or private property.
(b) Declaration of Nuisance. The use of a personal audio amplification system in such a manner as violates this section is deemed prima facie evidence of the presence of a public noise nuisance.
(c) Prohibited Use or Conduct. No person shall operate a personal audio amplification system in a vehicle in such a way as to cause a plainly audible sound to be heard from the vehicle at a distance in excess of fifty (50) feet. Further, no person shall operate a personal audio amplification system in such a way as to produce a public noise nuisance.
(d) Affirmative Defenses. It is an affirmative defense to a charge under this section that the operator of the vehicle was not otherwise prohibited by law from operating the personal audio amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the Village of Fredericktown;
(4) The vehicle was owned and operated by a natural gas, electric, or communications company, or by any other public utility, or by a refuse company;
(5) The vehicle was being operated in authorized public activities, such as parades, fireworks, sport events, musical productions, or other activities that have been approved by the Mayor.
(e) Penalty. Whosoever violates this section on a first offense is guilty of a minor misdemeanor and shall be fined one hundred dollars ($100.00), which fine shall not be suspended, waived, or otherwise reduced. On a second or subsequent offense, if less than twelve (12) months have elapsed since a previous violation under this section, a person is guilty of a misdemeanor of the fourth degree and, upon conviction thereof, shall be fined two hundred fifty dollars ($250.00), which fine shall not be suspended, waived, or otherwise reduced, and the equipment or device used in the commission of a violation of this section is hereby declared to be contraband and may be seized and disposed of in accordance with Ohio R.C. 2933.43. Each day upon which a violation occurs or continues shall be a separate offense and punishable as such.
(f) Enforcement. In addition to any other method of enforcement provided for in this chapter, a first offense of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, and this section may be enforced by the issuance of an Ohio Uniform Traffic Ticket in compliance with the “Ohio Traffic Rules” promulgated by the Ohio Supreme Court pursuant to Ohio R.C. 2935.17 and 2937.46.
(Ord. 2002-23. Passed 5-20-02.)