331.43 WEARING EARPLUGS OR EARPHONES PROHIBITED.

(a)   As used in this section:

(1)   “Earphones” means any device that covers all or a portion of both ears and that does either of the following:

A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

B.   Provides hearing protection.

“Earphones” does not include speakers or other listening devices that are built into protective headgear.

(2)   “Earplugs” means any device that can be inserted into one or both ears and that does either of the following:   

A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

B.   Provides hearing protection.

   (b)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.

   (c)   This section does not apply to:

(1)   Any person wearing a hearing aid;

(2)   Law enforcement personnel while on duty;

(3)   Fire Department personnel and emergency medical service personnel while on duty;

(4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;

(5)   Any person engaged in the operation of refuse collection equipment;

(6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.

   (d)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 4511.84)

331.44 RIGHT OF WAY AT FOUR-WAY STOP.

   (a)   When there are vehicles stopped at each entrance to a four-way stop intersection in obedience to the signs posted thereat, that vehicle intending to proceed uninterruptedly in a northernmost direction shall have the right of way over all other vehicles stopped at such intersection and thereafter right of way at such intersection shall be controlled by Section 331.16. In the event that the vehicle facing north intends to turn at such intersection, then that vehicle intending to proceed uninterruptedly to the east shall have the right of way herein provided and in like manner the vehicles intending to proceed uninterruptedly to the south and to the west, respectively, shall have the right of way when the vehicle to its right does not intend to proceed uninterruptedly in the direction in which it is facing.

(1969 Code §20.282)

   (b)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

331.45 NOISE LEVELS FOR MOTOR VEHICLES .

   (a)   The following definitions are applicable to this section only:

      (1)    "Ambient noise" means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.

      (2)    "ANSI" means the American National Standards Institute or its successor bodies.

      (3)   “Frequency" means the complete sequence of values of a periodic quantity that occurs during a period and is referred to as cycles per second or Hertz.

      (4)    "db(a)" means the "A" weighted scale for measuring sound levels as defined in ANSI S1. 4-1971, or the latest approved revision thereof.

      (5)    "Decibel" means a unit of level which denotes the ratio between two quantities that are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.

      (6)    "Motor vehicle" includes, but is not limited to automobiles, trucks, motorcycles, minibikes and go-carts. "Person" means any person, firm, association, copartnership, joint venture, corporation or any entity public or private in nature. "Sound analyzer" means a device for measuring a specific band pressure level or pressure spectrum level of a sound as a function of frequency. "Sound level meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighing networks for the measurement of noise and sound levels in a specified manner. The meter must satisfy the applicable requirements for Type 1 or 2 (general purpose) sound level meters as defined in ANSI S1.4-1971 or the most recent revision and the meter must be set for slow response speed, except that for rapidly varying sound levels, fast response speed may be used.

   (b)   No person shall operate a motor vehicle which creates a noise or sound which exceeds the noise limits set forth in this subsection:

      (1)    Passenger cars. Ninety db(A) when measured twenty inches from the rear of the exhaust pipe at a forty-five degree angle to the center of the pipe at a minimum height of eight inches from a hard surface.

      (2)    Motorcycles. Ninety-five db(A) when measured twenty inches from the rear of the exhaust pipe at a forty-five degree angle to the center of the pipe at a minimum height of eight inches from a hard surface.

      (3)    Trucks. Trucks over 6,000 pounds G.V.W., with vertical exhaust, when measured at eighteen inches from the side of the exhaust, and four feet above the ground parallel with the exhaust system shall not exceed ninety-eight db(A).

      (4)    Trucks with horizontal exhaust and buses. Ninety-eight db(A) when measured twenty inches from the rear of the exhaust pipe at a forty-five degree angle to the center of the pipe at a minimum height of eight inches from a hard surface.

   (c)    Exemptions. Fire Division vehicles are exempt from the provisions of this section.

   (d)    Testing procedures shall be those prescribed by the Chief of Police from standard or widely recognized methods including but not limited to; American National Standards Institute or Society of Automotive Engineers.

(Ord. 76-68. Passed 2-17-76.)

   (e)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

331.46 CAUSING A NOISE DISTURBANCE FROM A MOTOR VEHICLE.

   (a)   No person shall play any radio, music player, cd player, audio system, or any other type of sound device by whatever name called, in a motor vehicle within the City on any road or at any place open to the public at such volume as to disturb the quiet, comfort or repose of persons of ordinary sensibilities or at a volume which is plainly audible to persons other than the occupants of said vehicle.

   (b)   Warning and alarm devices which are designed and utilized to signal unsafe, or dangerous situations, to call for or summon police or emergency personnel, or which are utilized by appropriate law enforcement or emergency vehicles and their occupants in the pursuit of their duties and responsibilities are exempted from the prohibitions of this section.

   (c)   Whoever violates this section is guilty of the traffic violation of causing a noise disturbance from a motor vehicle, the first offense of which is a minor misdemeanor. Each and every subsequent violation of this section is a misdemeanor of the fourth degree.

(Ord. 02-105. Passed 6-4-02.)

331.47 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.

   (a)   No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be fined up to two thousand dollars ($2,000).

   (b)   A person who is issued a citation for a violation of subsection (a) hereof is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in court, but instead must appear in person in the proper court to answer the charge.

   (c)   (1)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.

      (2)   In addition to the financial sanctions authorized or required under Section 501.99 and to any costs otherwise authorized or required under any provision of law, the court imposing the sentence upon an offender who is convicted of or pleads guilty to a violation of subsection (a) hereof shall order the offender to reimburse one or more rescuers for the cost any such rescurer incurred in rescuing the person, excluding any cost of transporting the rescued person to a hospital or other facility for treatment of injuries, up to a cumulative maximum of two thousand dollars ($2,000). If more than one rescuer was involved in the emergency response, the court shall allocate the reimbursement proportionately, according to the cost each rescuer incurred. A financial sanction imposed under this section is a judgment in favor of the rescuer and, subject to a determination of indigency under division (B) of Ohio R.C. 2929.28, a rescuer may collect the financial sanction in the same manner as provided in Ohio R.C. 2929.28.

   (d)   As used in this section:

      (1)   “Emergency medical service organization”, “firefighting agency” and “private fire company” have the same meanings as in Ohio R.C. 9.60.

      (2)   “Rescuer” means a state agency, political subdivision, firefighting service, private fire company, or emergency medical service organization.

         (ORC 4511.714.)

331.48 RESTRICTIONS ON THE OPERATION OF SCHOOL BUSES.

   (a)   No person shall operate a vehicle used for pupil transportation within this Municipality in violation of the rules of the Ohio Department of Education and Workforce or the Ohio Department of Public Safety. No person, being the owner thereof, or having the supervisory responsibility therefor, shall permit the operation of a vehicle used for pupil transportation within this Municipality in violation of the rules of the Ohio Department of Education and Workforce or the Ohio Department of Public Safety.

   (b)   As used in this section, “vehicle used for pupil transportation” means any vehicle that is identified as such by the Ohio Department of Education and Workforce by rule and that is subject to O.A.C. Chapter 3301-83.

   (c)    Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or Ohio R.C. 4511.76, or Ohio R.C. 4511.63, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree. (ORC 4511.76(C), (H), (I))

331.49 CRUISING PROHIBITED.

   (a)   Definitions.

      (1)    "Designated Area" means that area of the City bound by Home Road on the west, Trimble Road on the east, Park Avenue West on south, and West Forth Street on the north.

      (2)    "Designated Hours" means the time between 8:00 PM and 3:00 AM from Friday evening into Saturday morning and Saturday evening into Sunday morning.

      (3)    "Traffic Control Point" means a reference point on a street within the Designated area, within Designated hours selected by a police officer for the purpose of enforcing this section.

      (4)    "Cruising" means driving a motor vehicle on a street past a Traffic Control Point, within a Designated Area, within Designated Hours, by the Mansfield Division of Police, more than two times in any two-hour period. The passing of a designated control point a third time under the aforesaid conditions shall constitute unnecessary repetitive driving and therefor a violation of this section.

   (b)   Cruising Prohibited. No person shall engage in unnecessary repetitive driving, also known for the purpose of this section as cruising.

   (c)   For purposes of this prohibition, upon a determination that a vehicle is Cruising, the person having control and/or ownership of the Cruising motor vehicle shall be considered the person cruising, without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point.

   (d)   “Control or Ownership of a motor vehicle" shall be either the owner of the vehicle as stated on the vehicle registration, if said owner is present in the vehicle at the time of the violation, or if the owner is not present in the vehicle, the person operating the vehicle at the time of the violation of this section.

   (e)   Exclusions. This section shall not apply to any municipal, emergency, police, fire, ambulance or other governmental vehicle when such vehicle is being operated in an official capacity. In addition, this section shall not apply to any licensed public transportation vehicle, other business vehicles being driven for business or commercial purposes, or to residents of the designated area traveling to a specific destination.

   (f)   Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.

(Ord. 24-048. Passed 5-7-24.)