337.271 EXCESSIVE SOUND FROM MOTOR VEHICLES PROHIBITED.

   (a)   Definitions. For purposes of this section, the following terms shall be defined as follows:

      (1)   “Sound generating or sound amplifying device” means any radio, television, phonograph, tape player, record player, loudspeaker, stereo system speaker, music player, digital tape player, disc player, CD-ROM player, audio system, musical instrument, any machine or device which produces sound received through or from any form of broadcast, or any form of machine or device which reproduces sound which is recorded on any form of medium.

      (2)   “Motor vehicle” includes not only motor vehicles, but also emergency vehicles, public safety vehicles, school buses, commercial tractor, agricultural tractor, truck, bus, and trailer as defined in Ohio R.C. 4511.01.

      (3)   “Sound” includes any kind of humanly audible stimulus and, with respect to musical sound, includes not only the vocalized word but includes the musical treble and bass components of such music and the audible response the existence of each produces.

   (b)   Prohibition. No owner of a motor vehicle, operator of a motor vehicle or person in physical control of a motor vehicle shall recklessly play, cause to be played, or permit to be played any sound-generating or sound-amplifying device located within or upon such motor vehicle at such a level, volume, frequency, or intensity that the sound emitted exceeds the capacity of such motor vehicle to fully absorb, insulate, deaden, shield, or muffle the sound being emitted so that such sound is inaudible to persons located outside of the motor vehicle in which the sound- generating or sound-amplifying device is located.

   (c)   Exemptions. This section shall not be applicable to the following:

      (1)   Sound generated by automobile alarm devices for and during such a reasonable period as is necessary to permit the owner to silence the device without danger of attack or injury, or to obtain the assistance of public safety officials, whichever period is shorter;

      (2)   Sound caused by motor vehicle collisions, loss of control of a motor vehicle or sudden or severe application of the brakes of a motor vehicle;

      (3)   Sound resulting from damage caused by a motor vehicle collision which cannot be silenced because of damage done in the collision;

      (4)   Sounds created by a motor vehicle or an emergency vehicle, when engaged in responding to an emergency; and while at the scene of an emergency, or when testing their equipment;

      (5)   Sound resulting from any repair or restoration work upon a motor vehicle;

      (6)   Sound resulting from any work required to protect persons or property from an exposure to danger;

      (7)   Sound emanating directly from a motor vehicle engine;

      (8)   Sound caused by contact between any part of a motor vehicle and the traveled portion of the roadway.

   (d)   Violation. Whoever violates this section shall be guilty of emitting excessive sound from a motor vehicle, an unclassified misdemeanor.

   (e)   Penalty. For the first conviction of an offender for violating this section, the court shall impose a fine of one hundred dollars ($100.00). For a second or subsequent conviction of the same offender, the offender shall be fined not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000). For any conviction of an offender for the violation of this section, the court may order the offender to render up to 180 hours of community service. For a second or subsequent conviction of the same offender for violating this section, provided the motor vehicle in which the violation occurred is the property of the offender of this section, then, in addition to all other penalties provided above, the court shall order the impoundment of the motor vehicle in which the violation occurred at a commercially-operated private storage lot or a place owned or leased by a law enforcement or other governmental agency for a period of not less than ten days nor more than 180 days, and shall assess the cost of towing, impoundment, storage and redemption against the offender.

(Ord. 2000-11-130. Passed 11-20-00.)