(a) It shall be unlawful for any person, while occupying a motor vehicle within the Village, to operate any sound making or amplification device, including but not limited to radios, tape players, cd players, any “boom-box” device or other sound producing medium, under any of the following conditions:
(1) The sound produced is plainly audible at a distance of 100 feet or more from the motor vehicle; or,
(2) Where the motor vehicle is located within 100 feet of any school, church or residential area, the sound produced is louder than is reasonably necessary for the convenient hearing of the occupants of the motor vehicle.
(b) The provisions of this section shall not apply to any law enforcement motor vehicle where such vehicle is utilized in any law enforcement operation or any other authorized duty or emergency procedure.
(c) The provisions of this section shall not apply to any person lawfully utilizing the motor vehicle horn or other lawful warning device.
(d) The term “Plainly Audible” as used in this section shall mean any sound produced by any device or instruments located within or affixed to any motor vehicle that may be heard outside the motor vehicle, by any person utilizing normal and unaided hearing faculties, at a distance of 100 feet from said motor vehicle.
(e) The term “Motor Vehicle” as used in this section shall mean all vehicles included within the definition of motor vehicle in Ohio R.C. 4501.01 and shall also include motorized bicycles.
(f) A law enforcement personal who hears any sound that is plainly audible as defined herein, and for purposed of enforcement of this section shall be entitled to quantify said sound utilizing the following standards:
(1) The primary means of detection shall be the officer’s ordinary auditory senses un-enhanced by any mechanical or other device the effect of which is to amplify or otherwise clarify said sound; and,
(2) Said officer is within a direct line of sight to said motor vehicle so as to clearly identify said motor vehicle and the distance between him or her and said motor vehicle.
(3) It is not a requirement under this section that the officer determine the particular words or phrases produced within the sound produced.
(g) Whoever violates this section shall be subject to the following penalties:
First Offense: A fine of not more than one hundred dollars ($100.00)
Second Offense: A fine of not less than one hundred dollars ($100.00) nor more than four hundred dollars ($400.00)
Third Offense: A fine of up to one thousand dollars ($1,000.00) and six months in jail.
(h) In addition to the penalties imposed hereunder, upon a conviction of a third offense under this section, the sound device used in the commission of the offense shall be subject to forfeiture.
(Ord. 2004-2040. Passed 7-22-04.)