(a) General Prohibition.
(1) No person shall play any radio, music player such as a “boom box”, audiotape, disc player, television, audio system, or musical instrument or any other type of sound device upon any public road, street, highway, or private property in the Village in a manner or at a volume as to disturb the quiet, comfort, or repose of other persons. An exception is made for organized events which have received a valid permit from the Village as set forth in the Woodsfield Village Code.
(2) No person shall play any radio, music player such as a “boom box”, audiotape, disc player, television, audio system, or musical instrument or any other type of sound device in a manner or at a volume as to disturb the quiet, comfort, or repose of neighboring inhabitants or at a volume which 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.
(3) In addition to any other relevant penalties, the following supplemental penalty applies for:
1st offense: A mandatory fine of one hundred dollars ($100.00)
2nd offense: A mandatory fine of two hundred dollars ($200.00)
3rd offense: A mandatory fine of three hundred dollars ($300.00) and three days in jail.
(4) Upon conviction for a violation of this section, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.
(b) Excessive Vehicular Sound Amplification Devices Prohibited.
(1) No person operating or occupying a motor vehicle upon any public road, street, highway or private property shall operate or permit the operation of any sound amplification system from within the vehicle so as to disturb the quiet, comfort or repose of other persons, or at a volume that is plainly audible from the outside of the vehicle.
(2) “Sound amplification system” means any radio, tape player, compact disc player, loudspeaker, speaker, or other electronic device used for the amplification of musical instruments or other sounds.
(3) “Plainly audible” means any sound produced by a sound amplification system from within the vehicle that can clearly be heard outside the vehicle 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 parked, stopped, standing, or moving.
(4) Warning and/or emergency devices used to call police or signal hazardous conditions, or other sound systems that are used in compliance with proper authorization by the Village are exempted from this section.
(5) Whoever violates this section is guilty of generating excessive vehicular sound. In addition to any other penalties set forth in this code, the following penalties apply:
First offense: A fine of fifty dollars ($50.00) to two hundred fifty dollars ($250.00)
Second offense: A mandatory fine of five hundred dollars ($500.00)
Third offense
and thereafter: A mandatory fine of six hundred dollars ($600.00).
(6) Upon conviction for a first or second violation of this section, the sound device used during the commission of the offense is hereby deemed contraband and subject to seizure and forfeiture. Upon conviction for a third or greater offense, the sound device used during the commission of the offense is hereby deemed contraband and shall be forfeited.
(c) Penalty.
(1) Whoever violates any provision of this section is guilty of a minor misdemeanor for a first offense. For any subsequent offense, such person is guilty of a misdemeanor of the third degree. Each day such violation continues shall constitute a separate and distinct offense.
(2) Any person, firm, association or corporation convicted of violating any provision of this section relating to motor vehicles may, if it is a first offense, have the fine reduced upon producing satisfactory evidence that the mechanical deficiency which constituted the offense has been corrected. (Ord. 995-02. Passed 4-1-02.)