(a) (1) “Vehicle” means a vehicle as defined in Ohio Revised Code Section 4501.01(A).
(2) “Motor vehicle” means a vehicle as defined in Ohio R.C. 4501.01(B).
(3) “Plainly audible” 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 produce by a portable sound making device, that can be clearly heard outside the vehicle by a person using his/her normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
(b) It is unlawful for any person operating or occupying a motor vehicle within the Village of Sheffield to operate or amplify the sound produced by a radio, tape player, compact disc or other sound-making device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle.
(c) The provisions of subsection (b) above 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 procedures.
(d) The provisions of subsection (b) above, shall not apply to the noise made by a horn or other warning device required or permitted by the laws of the state of Ohio.
(e) Any law enforcement personnel, who hear 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 any 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.
(4) The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the Village of Sheffield. Parking lots and driveways are included.
(f) The penalty for a violation of this section shall be:
(1) A misdemeanor of the third degree, and upon a first offense shall be fined not less than three hundred dollars ($300.00).
(2) Whoever violates this section upon a second offense within five (5) years shall be fined not less than four hundred dollars ($400.00). In addition, upon a second and subsequent offense(s), the second device used in the commission of a violation is hereby declared to be contraband and may be seized and disposed of in accordance with Ohio R.C. 2933.43.
(3) Whoever violates this section upon a third and subsequent offense(s) within five (5) years shall be fined not less than five hundred dollars ($500.00).
(4) In addition to any other method of enforcement provided for in this section, this section may be enforced by the issuance of an Ohio uniform traffic ticket in compliance with the “Ohio Traffic Rules” promulgated by the Ohio Supreme Court pursuant to Ohio R.C. 2935.17 and 2937.46.
(Ord. 1899. Passed 11-25-02.)