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(a) No person shall erect, continue, use or maintain a building, structure, or place for the exercise of a trade, employment or business or for the keeping or feeding of an animal, which disturbs the good order and quiet of the Municipality. No person shall disturb the peace by any clamor or noise, the ringing of gongs for advertising purposes, or by intoxication, drunkenness, fighting, using obscene or profane language in any street or other public place, to the annoyance of any of the residents, or otherwise violate the public peace by indecent and disorderly conduct or by lewd and lascivious behavior.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 70-12. Passed 5-28-70.)
(a) It is unlawful for any person operating or occupying a motor vehicle within the Village to operate or amplify the sound produced by a radio, tape player or other mechanical sound making device or instrument from within the motor vehicle so that the sound is:
(1) Plainly audible at a distance of 50 feet or more from the motor vehicle; or
(2) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools or hospitals.
(b) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedure.
(c) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by state law.
(d) “Plainly audible” shall means any sound produced by a radio, tape player or other mechanical or electronic sound making device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable sound making device, that can be clearly heard outside the vehicle by a person using his normal faculties, at a distance of 50 feet or more from the motor vehicle.
(e) Any law enforcement personnel who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by a mechanical device, such as a microphone or hearing aid.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
(3) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(f) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) within the Village. Parking lots, driveways are included.
(g) The standards as set forth above shall also apply to the detection of sound that is louder than necessary for the convenient hearing of persons inside the motor vehicle in areas adjoining churches, schools or hospitals.
(h) Whoever violates this section shall be subject to the following penalty:
First offense | A fine of one hundred dollars ($100.00) |
Second Offense | A fine of up to two hundred dollars ($200.00) |
Third Offense and thereafter | A fine of up to three hundred dollars ($300.00) and three days in jail. |
(j) Upon conviction for a third violation of this section, in addition to the penalty set forth in subsection (i), the sound device used during the commission of the offense shall be subject to seizure. (Ord. 24-15. Passed 4-27-15.)
(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)