(a) No person shall operate a motor vehicle within the City, or equip a motor vehicle with or use any device, so as to create loud or excessive noise. Nothing herein shall be construed to prohibit the blowing of horns when necessary to prevent an accident or the use of sirens or similar devices on authorized emergency vehicles.
(b) No operator or passenger of a motor vehicle shall operate, or permit the operation of any sound amplification system which can be heard outside the vehicle from fifty or more feet when the vehicle is being operated upon a street, highway, public parking lot, public park or any other public property.
(c) “Sound amplification system” includes any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice, music or any other noise or sound.
(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 any of the following apply:
(1) The system is 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 the City of Port Clinton or a gas, electric, communications or water utility company;
(4) The vehicle was being used in a parade, as specified in Section 311.02, and the person or organization conducting the parade had obtained a parade permit from the appropriate City agency.
(e) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.