(a) No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, compact disk player, loud speaker, or any other sound amplifying device, or by a horn, drum, piano, or other musical or percussion instrument.
(b) It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:
(1) On private property between the hours of 11:00 p.m. and 8:00 a.m. where the sound is audible more than 60 feet from the source of the sound;
(2) On two-family and multi-family dwellings between the hours of 11:00 p.m. and 8:00 a.m. where the sound is audible beyond the confines of the unit from where the source of the sound is generated;
(3) On commercial property between the hours of 2:00 a.m. and 8:00 a.m. where the sound is audible more than 100 feet from the source of the sound; or
(4) On a street, road or highway, on public property, or in the public right of way where the sound is audible 60 feet from the device generating the sound. Persons in possession of a current parade permit, activities authorized by ordinance, resolution, contract or motion of Village Council, or activities of a school are exempt from the provisions of this subparagraph.
(c) No person, being the owner, or person in possession of a premises, or a person in control of the premises by reason of employment, agency or otherwise, whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
(d) Warning and alarm devices which have the purpose of signaling unsafe or dangerous conditions or situations, or calling for police, are exempt from the provisions of this section when used for such purposes.
(e) Whoever violates this section is guilty of using unreasonable sound amplifying devices, a minor misdemeanor, except that if the offender persists in the unreasonable use of sound amplifying devices after reasonable warning or request to desist, using unreasonable sound amplifying devices is a misdemeanor of the fourth degree. The penalty shall be as provided in Section 698.02.
(f) In any violation of this section involving sound equipment in a motor vehicle, the sound equipment is hereby deemed and declared to be contraband, subject to seizure and forfeiture under Ohio R.C. 2933.41 through 2933.43, or any future amendments thereto.
(Ord. 52-94. Passed 11-7-94.)