539.07 PLAYING OF LOUD SOUND DEVICES PROHIBITED.

   (a)   General Prohibition.  

      (1)   No person shall play any radio, music player such as a "boom box", tape cassette, disc player or television, audio system or musical instrument or any other type of sound service upon any public road, street, highway, or private property in the City 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 City as set forth in Section 311.02, Section 725.02 and any other applicable section.

      (2)   No person shall play any radio, music player such as a "boom box", tape cassette, 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)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor for a first offense. For any subsequent offense, such person is guilty of a misdemeanor of the second degree. In addition, the Court shall impose the following minimum penalties:

         1st offense:         a mandatory minimum fine of one hundred dollars ($100.00);

         2nd offense:         a mandatory minimum fine of two hundred dollars ($200.00);

         3rd offense & thereafter:   a mandatory minimum fine of three hundred dollars ($300.00) and three (3) 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 Systems 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 outside of the vehicle.

      (2)   “Sound amplification system” means any radio, tape player, compact disc, 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 City are exempted from this section.

      (5)   Whoever violates this section is guilty of generating excessive vehicular sound. The following penalties apply to violations of this section:

Upon a first offense for violation of this section, the offender is guilty of a misdemeanor of the first degree punishable by up to one hundred eighty (180) days in jail and a fine of one thousand dollars ($1,000), and the court shall impose a mandatory minimum fine of fifty dollars ($50.00). In addition, the sound amplification system used in the commission of the offense is subject to seizure and forfeiture;

Upon a second offense for violation of this section, the offender is guilty of a misdemeanor of the first degree punishable by up to one hundred eighty (180) days in jail and a fine of one thousand dollars ($1,000), and the court shall impose a mandatory minimum fine of five hundred dollars ($500.00). In addition, the sound amplification system used in the commission of the offense shall be seized and forfeited;

Upon a third or greater offense for violation of this section, the offender is guilty of a misdemeanor of the first degree punishable by up to one hundred eighty (180) days in jail and a fine of one thousand dollars ($1,000) and the court shall impose a mandatory minimum fine of six hundred dollars ($600.00). In addition, the sound amplification system used in the commission of the offense shall be seized and forfeited.

      (6)   In any third or greater violation of this section involving sound equipment in a motor vehicle, the motor vehicle is hereby deemed contraband and subject to seizure and forfeiture pursuant to these Ordinances or Chapter 2981 of the Ohio Revised Code.

      (7)   Upon conviction for a first violation of this section, the sound amplification system used during the commission of the offense is hereby deemed contraband and is subject to seizure and forfeiture. Upon conviction for a second or third or greater offense, the sound amplification system used during the commission of the offense is hereby deemed contraband and shall be forfeited. A person loses any right that the person may have to the possession, ownership, or the possession and ownership, of a sound amplification system if it is used in the commission of a violation of this section. The cost of the removal of the sound amplification system shall be paid by the person seeking the release of the vehicle prior to its being released. (Ord. 09-233. Passed 10-7-09.)