(A) No person shall operate or park a motor vehicle on a street or highway or public property if the sound from any sound amplifying equipment located inside of, outside of but attached to, or held by a person inside, the motor vehicle, is discernible at a distance of 50 feet or more from the vehicle.
(B) This section does not apply to any of the following circumstances:
(1) The sound amplifying equipment of the motor vehicle is to warn others of a hazardous road, vehicle operating or traffic safety condition.
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run.
(3) The motor vehicle is owned and operated by the state, a political subdivision or a public utility.
(4) The motor vehicle is participating in a parade for which the sponsors of the parade have obtained the proper permits.
(5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal or state law.
(6) Vendors of ice cream and related products between the hours of 9:00 a.m. and 8:00 p.m.
(C) If there is a violation of division (A) of this section, there shall be a rebuttable presumption that the registered owner or lessee of the motor vehicle is the person who committed the violation.
(D) Upon receipt of a report of an alleged violation of division (A) of this section, a police officer shall conduct an investigation to attempt to determine or confirm the identity of the violator. If a credible witness provides the police officer with a license plate number of the vehicle involved and there are no circumstances apparent to the police officer to conclusively indicate that the owner or lessee could not be a person who violated division (A) then the police officer shall be deemed to have probable cause to file a complaint in the Wadsworth Municipal Court or Medina County Juvenile Court against the registered owner or lessee.
(E) Violation of this section is a minor misdemeanor. For a second offense committed within one year after the commission of the first offense, violation of this section shall be a fourth degree misdemeanor. For a third and/or subsequent offense committed within one year after the commission of the first offense, violation of this section is a third degree misdemeanor.
(Ord. 03-089, passed 10-7-03) Penalty, see § 70.99