(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.
(b) “Sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice or musical instruments.
(c) “Plainly audible” means any sound produced by a sound amplification system from within the vehicle which can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(d) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system and that nay of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by a governmental agency or a gas, electric, communications or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with proper authorization by the City; or
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Department of the City authorized to grant such approval.
(e) Whoever violates this section is guilty of a minor misdemeanor; if the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree; if the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree.
(f) Upon conviction of any person under this section, any sound amplification system which such person owns or possesses in violation of any of the provisions of this section shall be subject to confiscation in accordance with the provisions of Ohio R.C. 2933.41. (Ord. 182-2002. Passed 10-7-02.)