(a) Generally.
(1) No person shall generate, or permit to be generated, unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, compact-disc player, loudspeaker, megaphone or any other sound-amplifying device, or by any horn, drum, piano or other musical or percussion instrument, in such a manner or at such a volume that 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.
(2) No owner, agent or operator of a commercial enterprise located within a permanent structure or building shall use, set up or operate a sound-amplifying system that is audible outside the structure or building and that is used to transmit any type of music or message advertising products sold on the premises or inviting the public to patronize the establishment located on the premises.
(3) No person shall make any unnecessary or unseemly noise or operate any instrument, device, agency or vehicle within fifty feet of any portion of grounds and premises upon which is located a hospital or other institution reserved for the sick, aged or infirm, or within fifty feet of any school, courthouse, church or building in which religious services are held, during school hours, hours of holding court or hours of public worship, respectively. The area within 150 feet of a hospital, school, courthouse or church shall be a zone of quiet, and the Director of Public Safety shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noises.
(b) In Motor Vehicles.
(1) As used in this subsection:
A. "Sound amplification system" means any radio, tape player, compact-disc player, loudspeaker, megaphone or other electronic device used for the amplification of the human voice and/or musical instruments.
B. "Plainly audible" means any sound produced by a sound amplification system from within a vehicle which can be clearly heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible, and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(2) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate, or permit the operation of, any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty feet or more from the vehicle.
(3) 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:
A. The blowing of horns was necessary to prevent an accident;
B. The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
C. The vehicle was an emergency or public safety vehicle;
D. The vehicle was owned and operated by the City or a public utility, communications or refuse company;
E. The system was used for the purpose of giving instructions, directions, talks, addresses or lectures that were given prior approval; or
F. The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Mayor's office.
(4) No sound-amplifying system mounted on a vehicle shall be operated on a Sunday, provided that any such device may be operated in substitution for a band as part of a parade.
(c) Penalty.
(1) Whoever violates any of the provisions of this section shall be guilty of a minor misdemeanor for a first offense and shall be subject to the penalty provided in Section 698.02, provided that no fine shall be suspended, waived or otherwise reduced below the amount of fifty dollars ($50.00).
(2) For a second offense, the offender is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02, provided that no fine shall be suspended, waived or otherwise reduced below the amount of one hundred dollars ($100.00).
(3) Each day upon which a violation occurs or continues shall constitute a separate offense.
(Ord. 92-33. Passed 5-18-92.)
(4) Upon a third conviction of any of the provisions of this chapter, such sound equipment shall be deemed to be contraband, subject to seizure and forfeiture pursuant to Ohio R.C. 2933.41 through 2933.43.
(Ord. 98-85. Passed 12-21-98.)