683.01 Playing of Sound Devices Prohibited; When
(a) No person shall play any radio, music player, television, audio system or musical instrument in such a manner or at such volume as to annoy or 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.
(b) Except for organized events which have received any type of permit from the City in conjunction with the event, no person shall play any radio, music player, television or audio system upon a public right of way or upon other public property in such a manner or at such a volume as to disturb the quiet, comfort or repose of other persons. (Ord. No. 2487-A-89. Passed 6-l8-90, eff 6-27-90)
683.02 Playing of Sound Devices in Motor Vehicles Prohibited; When
No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of said vehicle. (Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
Sections 685.03 through 685.10 are not included here.
(a) Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon a first offense, shall be fined seventy-five dollars ($75.00), which fine shall not be suspended, waived or otherwise reduced below that amount. In addition, the equipment or device used in the commission of a violation of Section 683.01 or 683.02 is hereby declared to be contraband and shall be seized and disposed of in accordance with RC 2933.43.
(b) In addition to any other method of enforcement provided for in this chapter, upon a first offense Section 683.01 may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, and Section 683.02 may be enforced by the issuance of an Ohio Uniform Traffic Ticket in compliance with the "Ohio Traffic Rules" promulgated by the Ohio Supreme Court pursuant to RC 2935.17 and 2937.46.
(c) whoever violates Section 683.01 or 683.02 within thirty-six (36) hours of having been charged with a first offense thereof or within thirty-six (36) hours of having been warned by a police officer to desist from violating one of those sections shall be guilty of a misdemeanor of the third degree.
(d) Whoever violates any provision of this chapter other than Section 683.01 or 683.02 shall, upon any subsequent offense, be fined not less than one hundred dollars ($ 100.00) and not more than five hundred dollars ($500.00).
(e) Each day upon which a violation occurs or continues shall be a separate offense and punishable as such hereunder. (Ord. No. 1023-91. Passed 5-11-92, eff 5-15-92)
605.10 Unnecessary Noises
(a) No person shall make, or cause, suffer, allow, or permit to be made within the City any unreasonably loud, disturbing and unnecessary noise, or noises of such character, intensity or duration as to be detrimental to the life and health of any individual.
(b) Loud, disturbing and unnecessary noises in violation of this section shall include without limitation the following: (1) The sounding of any horn, bell or other signal or warning device on any motor vehicle, motorcycle, bus or other vehicle. except as a danger or warning signal.
(2) The keeping of any animal or bird which, by causing frequent or long continued noise disturbs the comfort and repose of any person in the vicinity, where such noise can be distinctly heard outside thc property line of the premises at which the animal or bird is kept.
(3) The use of any motorcycle, or vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding, rattling or other noise.
(4) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 10:00 p.m. and 7:00 a.m., when the windows of such establishment are open.
(5) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine.
(6) The use of any mechanical device operated by compressed air (excluding a jackhammer operated on weekdays between the hours of 8:00 a.m. and 7:00 p.m.) unless the noise created thereby is effectively muffled and reduced.
(7) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
(8) The making of any unnecessary or unseemly noise by a person or by his operation of any instrument, device, agency or vehicle within 150 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged or infirm, or within 150 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 thc Director of Public Safety shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noises.
(9) The making of any loud, unseemly or unnecessary noise in violation of Chapter 683 of these Codified Ordinances.
(c) Whoever violates this section is guilty of making unnecessary noise, a minor misdemeanor, and shall be fined at least seventy-five dollars ($75.00), which fine shall not be suspended, waived or otherwise reduced below that amount. Whoever violates this section within twelve (l2) hours of having been charged with the minor misdemeanor of making unnecessary noise or of having been warned by a police officer to desist from making unnecessary noise is guilty of making unnecessary noise, a misdemeanor of the third degree, and shall be fined at least one hundred dollars ($ 100.00), which fine shall not be suspended, waived, or otherwise reduced below that amount. Notwithstanding the preceding provisions of this paragraph, the penalties contained in Section 683.99 shall apply to violations of division (b)(9) of this section. (Ord. No. 2487-A-89. Passed 6-l8-90, eff. 6-27-90)