669.01 Prohibited playing generally.
669.02 Operation of radios or other soundmaking devices or instruments in vehicles.
669.03 Amplifying devices on vehicles; permit required.
669.04 Amplifying devices on vehicles; license and permit application; fees; issuance.
669.05 Regulations governing amplifying devices on vehicles.
669.06 Devices that promote commercial activities; permit required.
669.07 Permit application; fees; issuance.
669.08 Regulations governing devices that promote commercial activities.
669.09 Revocation or suspension of license or permit.
669.10 Appeals.
669.99 Penalty.
CROSS REFERENCES
Power to regulate advertising - see Ohio R.C. 715.65
Sound-producing devices on coroners' vehicles - see TRAF. 337.165
Noise control - see GEN. OFF. Ch. 634
Peace disturbances - see GEN. OFF. Ch. 648
(a) No person shall play any radio, music player, television, audio system or musical instrument in such a manner or at such volume as to annoy or disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto.
(b) Except for organized events which have received any type of permit from the City in conjunction with the event, no person shall play any radio, music player, television or audio system upon a public right-of-way or upon other public property in such a manner or at such a volume as to disturb the quiet, comfort or repose of other persons.
(Ord. 278-92. Passed 4-19-93.)
(a) No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of said vehicle.
(b) This section shall not apply to any of the following circumstances:
(1) The sound-amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle or traffic safety condition;
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
(3) The motor vehicle is owned and operated by the State or a political subdivision or a public utility;
(4) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
(5) The sound-amplifying equipment of the motor vehicle is being operated as a requirement of Federal, State or local law.
(c) “Plainly audible” means any sound produced by a radio, tape player, compact disc player or other mechanical or electronic soundmaking device or instrument from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using his or her normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
(d) 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 or she 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.
(e) The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the City. Parking lots and driveways are included.
(Ord. 203-00. Passed 7-24-00; Ord. 211-01. Passed 9-17-01; Ord. 188-04. Passed 7-6-04.)
(a) No person shall install, operate or cause to be installed or operated any sound amplifying device, other than a warning signal, mounted upon any vehicle which is propelled over the streets of the City or stationed thereon or so close thereto as to be plainly audible to persons upon the streets or in public places, without first obtaining a permit therefor in accordance with Section 669.04.
(b) For purposes of this chapter, “sound amplifying device” shall mean a machine or device for the amplification of the human voice, music or any other sound. “Sound amplification device” shall not include factory-installed automobile radios when used and heard only by occupants of the vehicle in which the device was installed or warning devices on authorized emergency vehicles or vehicles used solely for traffic safety purposes.
(Ord. 278-92. Passed 4-19-93.)
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