(A) No person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment, nor any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in the same or any other dwelling, hotel or other type of residence.
(B) For purposes of this section, annoying or disturbing the quiet, comfort or repose of persons in the same or any other dwelling, hotel or other type of residence means operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device, any singing, loud talking or amplification of sound or other noises in a manner which could be anticipated to offend a reasonable person or an individual of common sensibilities. Between the hours of 7:00 a.m. and 10:00 p.m., Monday through Sunday, any such noise that can be distinctly heard at a distance of more than 100 feet from the building or structure in which it is located shall be prima facie evidence of a violation of this section. Between the hours of 10:00 p.m. and 7:00 a.m. of the following day, Monday through Sunday, any such noise that can be distinctly heard at a distance of 25 feet from the building or structure in which it is located shall be prima facie evidence of a violation of this section. This section shall not apply to a lawfully permitted parade, public assembly or other activity for which a permit is issued by the duly constituted authority, nor shall it apply to events sponsored by local schools.
(C) In order for charges to be brought under the terms of this section, the person who reports a violation of this section shall sign an affidavit as the complainant. Nothing in this section shall be deemed to limit the ability of a law enforcement officer from issuing charges under this section, as authorized by the Ohio Revised Code.
(D) Whoever violates this section is guilty of making loud musical noises, a misdemeanor of the fourth degree. If the offender has previously been convicted of making loud musical noises, a violation of this section shall be a misdemeanor of the third degree. If the offender has previously been convicted of two violations of making loud musical noises, a violation of this section shall be a misdemeanor of the second degree. The penalty shall be as provided in § 130.99.
(Prior Code, § 648.10) (Ord. 00-21, passed 11-28-2000)