(a) Sound-Amplification Devices.
(1) 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 disc player, loudspeaker, megaphone or any other sound- amplifying device, or by means of any horn, drum, piano or other musical or percussion instrument, in such manner or at such volume that such noise or sound is plainly audible to persons other than those who are in the room or immediate surroundings in which such device or instrument is played and who voluntarily listen thereto.
(2) No owner, agent or operator of a commercial enterprise located within a permanent structure or building shall use, set up or operate a sound- amplifying system which is audible outside the structure or building and which is used to transmit any type of music or message advertising products sold on the premises or inviting the public to patronize the establishment located on the premises.
(3) No person shall make any unnecessary or unseemly noise or operate any instrument, device, agency or vehicle within fifty feet of any portion of the grounds and premises on which is located a hospital or other institution or facility reserved for the aged or infirm, or within fifty feet of any school, court house, church or building in which religious services are held during school hours, hours of holding court or hours of public worship, respectively. The area within 150 feet of a hospital, school, court house or church shall be a zone of quiet and the responsible department of the City shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noise.
(b) Vehicles or Motorcycles. No owner, agent or operator shall operate any vehicles or motorcycles so as to create loud or unnecessary grating, grinding, rattling, backfiring or other noise.
(c) Sound-Amplification System in Motor Vehicles. 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 audible at a distance of fifty feet or more from the vehicle.
(d) Definitions. As used in this section:
(1) "Sound-amplification system" means any radio, tape player, cassette player, compact disc player, loudspeaker, megaphone or other electronic device used for the amplification of the human voice.
(2) "Plainly audible" means any sound produced by a sound-amplification system from within the vehicle, which clearly 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, driveway or residential, business or commercial property.
(e) Affirmative Defense. It is 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 any of the following applies:
(1) Blowing of a horn was necessary to prevent an accident.
(2) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road or street condition.
(3) The vehicle was an emergency or public safety vehicle.
(4) The vehicle was owned and operated by the City of Oberlin's Public Utility, Communications or Refuse Department.
(5) The system was used for the purpose of giving instructions, directions, lectures or any verbal announcements which were given prior approval by the City Manager or the Chief of Police.
(6) The vehicle was used in an authorized public activity, such as a parade, fireworks display, sport event, musical production or other activity which has the prior approval of the City Manager or the Chief of Police.
(f) Penalty.
(1) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense.
(2) Upon a first offense, the fine shall be not more than one hundred dollars ($100.00) nor less than fifty dollars ($50.00) and such fine shall not be suspended, waived or otherwise reduced below the amount of fifty dollars ($50.00).
(3) Upon a second or subsequent offense, the fine shall be not more than two hundred fifty dollars ($250.00) nor less than one hundred dollars ($100.00) and such fine shall not be suspended, waived or otherwise reduced below the amount of one hundred dollars ($100.00).
(4) A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 94-80AC. Passed 10-17-94.)