(a) No person shall operate any motor vehicle radio, music player or audio system in such a manner as to disturb the peace, quiet and comfort of other persons. The operation of any such sound device at any time in such manner as to be plainly audible at a distance of 50 feet from any vehicle in which it is located shall be prima facie evidence of a violation. Any person charged hereunder shall be advised by the arresting officer concerning the forfeiture provisions for second and subsequent offenses. The officer shall request the violator to sign an acknowledgement that he has been advised concerning forfeiture. If the violator refuses to sign, the officer shall make a written statement that the violator was advised concerning the forfeiture provisions of this offense.
(b) Any person found guilty of violation this section shall be deemed guilty of a misdemeanor of the fourth degree.
(c) Forfeiture of sound devices.
(1) Upon a second and subsequent offense(s), the sound device used in commission of a violation of this section is hereby declared to be contraband and shall be seized and disposed of in accordance with Section 2933.43 of the Ohio Revised Code.
(2) Pursuant to the seizure and forfeiture provision herein, a police officer shall, at the time of issuing a citation for a violation of this section, impound any sound device used in commission of the violation.
(3) The Police Department may impound a vehicle for not more than five (5) working days to permit the Police Department or its agents to remove a sound device if the vehicle is owned by the person charged with the violation and the sound device may not be easily removed from the vehicle. Upon removal of the sound device, an impounded vehicle shall be returned to its owner upon payment of the reasonable costs of impounding the vehicle and removing the sound device.
(4) The Police Department may dispose of any impounded sound device or, following the procedures for an abandoned vehicle pursuant to Ohio R.C. 4513.61 and 4513.62, any impounded vehicle which has remained unclaimed for a period of ninety (90) days after disposition of the forfeiture action. The seized sound device shall remain in the custody of the police and the Prosecutor shall institute forfeiture proceedings. If the sound device is sold by the Police Department, all proceeds of the sale shall be retained by the City of Sheffield Lake.
(Ord. 28-04. Passed 6-22-04.)