(a) As used in this section, “Off-Road Vehicle” means a vehicle that is intended to be used on property other than established public roads and includes but is not limited to recreational vehicles such as mini bikes, dirt bikes, snowmobiles, four wheelers, three wheelers and all terrain vehicles.
(b) As used in this section, “Plainly audible” means any sound produced by the use of an Off-Road Vehicle that is clearly audible by a person using his/her normal hearing faculties at a distance of fifty feet or more from the property line of the property on which the vehicle is being used.
(c) No person shall operate an Off-Road Vehicle within the Village of Sheffield so that the sound of the Vehicle is plainly audible at a distance of fifty feet or more from the property line on which the Off-Road Vehicle is being used.
(d) The provisions of subsection (c) above shall not apply to any law enforcement off- road vehicle used in the performance of law enforcement duties or for the performance of any emergency procedures.
(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 clearly hear from a distance of at least fifty feet outside the property line of the property from where the off-road vehicle noise is occurring and after following the source of the sound, he/she can readily identify the offending off-road vehicle and the distance involved.
(3) The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the Village of Sheffield.
(f) Pursuant to Ohio R.C. 715.67, 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 years shall be fined not less than four hundred dollars ($400.00).
(3) Whoever violates this section upon a third and subsequent offense(s) within five years shall be fined not less than five hundred dollars ($500.00).
(Ord. 1938. Passed 10-27-03.)