(a) Any person found guilty of violating any provision of this chapter shall be deemed guilty of a misdemeanor of the third degree, and upon a first offense for violation of Section 511.16, shall be fined not less than three hundred dollars ($300.00). In addition, upon a first and any subsequent offense, the sound device used in commission of a violation of Section 511.99 shall be removed and impounded and shall be deemed forfeited unless the fine is paid in full not later than ninety days after its imposition.
(b) Whoever violates Section 511.16 upon a second offense within five (5) years shall be fined not less than four hundred dollars ($400.00).
(c) Whoever violates Section 511.16 upon a third and subsequent offense(s) within five (5) years shall be fined not less than five hundred dollars ($500.00).
(d) In addition to any other method of enforcement provided for in this chapter, Section 511.16 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.
(e) Pursuant to the seizure and forfeiture provisions contained herein, a police officer shall, at the time of issuing a citation for a violation of Section 511.16, impound any sound device used in the commission of the violation and charge for the removal.
(f) The Police Department may tow and impound a vehicle for not more than five (5) working days to permit the Police Department or its agent to remove a sound device if the vehicle is owned by the person charged with the violation and the sound device may not be easily removed from the vehicle. Upon removal of the sound device, an impounded vehicle shall be returned to its owner upon payment of the reasonable costs of impounding the vehicle and removing the sound device.
(g) The Police Department may dispose of any impounded sound device or, following the procedure for an abandoned vehicle pursuant to Ohio R.C. 4513.61 and 4513.62, any impounded vehicle which has remained unclaimed for a period of ninety (90) days after disposition of the forfeiture action.
(h) The seized sound device shall remain in the custody of the police and the Law Director shall institute forfeiture proceedings. If the sound device is sold by the Lorain Police Department, all proceeds of the sale shall be retained by the City of Lorain.
(Ord. 122-09. Passed 9-8-09.)