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Massillon Overview
Codified Ordinances of Massillon, OH
CODIFIED ORDINANCES OF THE CITY OF MASSILLON OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
CONTENTS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   509.12 NOISE-MAKING AND NOISE-AMPLIFYING DEVICES; VARIANCES.
   (a)   The operation or maintenance of noise-making, noise-amplifying or noise- producing instruments or devices by which the peace or good order of a neighborhood is disturbed is hereby declared to be a nuisance. No person shall operate or maintain any radio, phonograph, tape player, compact disc player, loudspeaker or any noise-making device, or noise-amplifying device, in any public or private place by which the peace and good order of the neighborhood is disturbed or persons of ordinary sensibilities owning or occupying property in the neighborhood are disturbed or annoyed. “Neighborhood” includes the vicinity of any school, institution or learning, place of worship, court or hospital, while the same is in use. (Ord. 67-2011. Passed 5-16-11.)
   (b)   It shall be unlawful to use, operate or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any commercial purpose. It shall be unlawful to use, operate or permit for any noncommercial purposes any loudspeaker, public access system, mobile sound vehicle or similar device between the hours of 8:00 p.m. an 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary.
   (c)   The Director of Public Safety or his designated representative shall have the authority, consistent with this section, to grant special variances.
      (1)   Any person seeking a special variance pursuant to this section shall file an application with the Director or his designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity from which the special variance is sought into compliance with this section would constitute an unreasonable hardship on the applicant, community or other persons.
      (2)   In determining whether to grant or deny the applications, the Director or his designated representative shall balance the hardship to the applicant, the community and other persons, of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. Any regulations of time, place and manner shall be independent of the content of the speech. Applicants for special variances and persons contesting special variances may be required to submit any information the Director or his representative may reasonably require.
      (3)   A special variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted.
   (d)   The provisions of this section shall not apply to the following:
      (1)   The emission of sound for the purpose of altering persons to the existence of an emergency or for the performance of emergency work; or
      (2)   Organized school-related programs, activities or events, or parades or other public programs, activities or events, authorized by the Director or his designated representative.
   (e)   Any violation of this section is declared to be a nuisance. In addition to any other relief provided by this section, the Law Director may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction.
   (f)   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.
(Ord. 182-2002. Passed 10-7-02.)
   509.13 EXCESSIVE VEHICULAR SOUND SYSTEM AMPLIFICATION PROHIBITED.
   (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.)
   509.14 COMPULSORY SCHOOL ATTENDANCE; PARENTAL DUTY IMPOSED.
   (a)   No minor over the age of six, other than a minor that has been suspended or expelled from school, shall be at any place within the City except in attendance at school during required attendance unless the minor has written proof from school authorities excusing him or her from attending school at that particular time or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor.
   (b)   Each parent or legal guardian of a minor over the age of six shall have a duty to prohibit the minor from behaving contrary to subsection (a) hereof. No person shall negligently fail to fulfill the duty imposed by this subsection.
   (c)   It shall be an affirmative defense to subsections (a) and (b) hereof that the minor, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
   (d)   It shall be an affirmative defense to subsection (b) hereof that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating subsection (a) hereof.
   (e)   Police Officer, school attendance officer, probation or parole officer, when applicable, shall transport any minor found violating subsection (a) hereof to the Police Department for processing. At that time the minor can be booked under this section and transported to the juvenile attention center or summoned into juvenile court under this section. No minor will be released except in the custody of his or her parent or local guardian.
   (f)   Any minor violating the provisions of Section 509.14 shall be guilty of an act of unruliness and shall be cited to the Stark County Juvenile Court.
   (g)   Any parent or guardian violating Section 509.14 shall be guilty of a minor misdemeanor. For a second or any subsequent violation of these sections, such parent, guardian or other adult person shall be guilty of a misdemeanor of the fourth degree.
(Ord. 104-2006. Passed 7-3-06.)
   509.15 MINORS SUSPENDED OR EXPELLED FROM SCHOOL TO REMAIN UNDER SUPERVISION; PARENTAL DUTY IMPOSED.
   (a)   If a minor is suspended or expelled from school, that minors parent or legal guardian shall for the duration of the suspension or expulsion:
      (1)   Personally supervise the minor or arrange for a responsible adult to supervise the minor at the times that the minor would have been required to be in attendance at school had he or she not been expelled or suspended; and
      (2)   Prohibit the minor from being in any public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled unless:
         A.   The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the minor, or
         B.   The minor is employed pursuant to an age or schooling certificate, during actual working hours, or traveling directly to or from the job site.
   (b)   The following shall be affirmative defenses to this section:
      (1)   The minor is not required by State law to be in attendance at school.
      (2)   The parent or legal guardian has initiated the jurisdiction of the juvenile court against the child prior to the time that he or she violated subsection (a) hereof.
   (c)   Any parent or legal guardian who violates subsection (a) hereof is guilty of a minor misdemeanor. Any parent or legal guardian who has a second violation is guilty of a fourth degree misdemeanor. (Ord. 7-1995. Passed 2-21-95.)
   509.16 IMPEDING PUBLIC PASSAGE OF AN EMERGENCY SERVICE RESPONDER.
   (a)   No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:
      (1)   The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.
      (2)   Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.
   (b)   Subsection (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of subsection (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code or both sections.
   (c)   Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.
   (d)   As used in this section, “emergency service responder” has the same meaning as in Ohio R.C. 2921.01. (ORC 2917.14)
   509.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)