337.31   LOUD NOISE FROM A MOTOR VEHICLE.
   (a)   Definitions.
      (1)   “Emergency vehicle.” Any emergency vehicle of Municipal or County departments of public utility corporations when identified as such as required by law, the Ohio Director of Transportation, or Safety Director for the City and motor vehicles when commandeered by a police officer.
      (2)   “Motor vehicle.”  Any vehicle that is propelled or drawn on land by a motor other than a motorcycle.  This definition includes, but is not limited to, the following motor vehicles: automobiles, trucks, campers, go-carts, snowmobiles, dune buggies, or facing vehicles.
      (3)   “Motorcycle.”  An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters, mini bikes, and mopeds.
      (4)   “Noise.”  Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
      (5)   “Person.”  Any public or private corporation, individual, firm, partnership, association, or other entity.
      (6)   “Public safety vehicle.” Ambulances, motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state, and the vehicles used by fire departments, including motor vehicles used by volunteer firemen responding to emergency calls in the fire department service when identified as required by the Ohio Director of Public Safety.
   (b)   No person, firm or corporation being the owner or in possession of a motor vehicle with any radio, phonograph, television, tape players, loudspeaker, or other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which is audible from a distance of 25 feet and causes inconvenience and annoyance to persons of ordinary sensibilities.
   (c)   It shall be prima facie unlawful for a person, firm or corporation, being the owner or person in possession of a motor vehicle described above, to cause or permit any noise emanating from a motor vehicle which is plainly audible at a distance of 25 feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
   (d)   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 of public safety vehicle and is on an emergency run;
      (3)   The motor vehicle is owned and operated by the state or political subdivision, 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 motor vehicle is being operated under a valid ice cream vendor license and is following the restrictions set forth in Chapter 717; or
      (6)   The sound-amplifying equipment of the motor vehicle is being operated as a requirement of Federal, State, or local law.
   (e)   Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor in the fourth degree.
(Ord. C58-10.  Passed 9-20-10.)