CROSS REFERENCES
Power to regulate advertising, RC 715.65
Unnecessary noise, CO 605.10
(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 6-18-90, eff. 6-27-90)
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)
(a) No person shall install, operate or cause to be installed or operated any sound amplifying device, other than a warning signal, mounted upon any vehicle which is propelled over the streets of the City or stationed thereon or so close thereto as to be plainly audible to persons upon the streets or in public places without first obtaining a permit therefor in accordance with Section 683.04.
(b) For purposes of this chapter, "sound amplifying device" shall mean a machine or device for the amplification of the human voice, music or any other sound. "Sound amplification device" shall not include factory-installed automobile radios when used and heard only by occupants of the vehicle in which the device was installed, or warning devices on authorized emergency vehicles or vehicles used solely for traffic safety purposes.
(Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
(a) Every person desiring to operate a sound amplifying device mounted on a vehicle shall make a separate application to the Commissioner of Assessments and Licenses, upon forms prescribed by the Commissioner for each vehicle.
(b) On receipt of a fifty dollar ($50.00) fee, the Commissioner of Assessments and Licenses shall issue a license which shall cover the calendar year in which the application is made.
(c) In addition to the license referred to above, each person desiring to operate a sound amplifying device mounted on a vehicle must obtain a permit from the Commissioner of Assessments and Licenses each time the person desires to operate the device.
(d) On receipt of a ten dollar ($10.00) fee, the Commissioner of Assessments and Licenses, with the approval of the Director of Public Safety, shall issue a permit which specifies the date of operation, the time during which the device may be operated, the exact location where the operation will be permitted and the specific purpose of the device's operation.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) No sound amplifying device mounted on a vehicle shall operate with a power output in excess of twenty (20) watts, nor with maximum distortion of sound and volume in excess of two percent (2%) at full volume.
(b) No sound amplifying device mounted on a vehicle shall be operated between the hours of 8:00 p.m. and 10:00 a.m. or at any time within five hundred (500) feet of any school, church or hospital.
(c) No sound amplifying device 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 held after 1:00 p.m. on Sunday under the auspices of any organization authorized to hold such a parade, if the permit issued pursuant to Section 683.04 so indicates.
(d) No sound amplifying device mounted on a vehicle shall operate within the area bounded on the west by West 9th Street, on the north by Lake Erie, on the east by East 22nd Street and on the south by Woodland Avenue (the "Downtown Area"), except when the Director of Public Safety determines that operation of the sound amplifying device will not unduly disrupt the conducting of businesses in the Downtown Area. No sound amplifying device mounted on a vehicle shall operate within any of the residential districts described in Chapter 337, except when the Director of Public Safety determines that operation of the sound amplifying device will not unduly disrupt the district or districts in which the permit applicant intends to operate said device. In either of such cases the determination of the Director of Public Safety shall be noted on the permit issued pursuant to division (c) of Section 683.04.
(e) No sound amplifying device shall be installed or operated on a vehicle unless the license and permit required by Section 683.04 are conspicuously displayed on said vehicle.
(f) The provisions of this section do not apply to sound amplifying devices mounted on emergency vehicles owned and controlled by the Divisions of Police, Fire or Emergency Medical Services or to private ambulances which are engaged in responding to emergency calls.
(Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
(a) No person shall play or use any drum, loudspeaker, radio, audio system or other instrument or sound amplifying device for the purpose of creating noise to attract attention to any performance or show or any sale or display of merchandise without first obtaining a permit therefor in accordance with Section 683.07.
(b) 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 which is deliberately directed and placed so as to be plainly audible outside the structure or building and which 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 without first obtaining a permit therefor in accordance with Section 683.07
(Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
(a) Every person desiring to conduct the activities described in division (a) or (b) of Section 683.06 shall make application for a permit to the Commissioner of Assessments and Licenses on forms prescribed by the Commissioner.
(b) On receipt of a twenty-five dollar ($25.00) fee, the Commissioner of Assessments and Licenses shall issue the permit, provided that:
(1) The Director of Public Safety is satisfied that the permit's issuance will not result in unnecessary and unseemly noise to the detriment of the health or comfort of any individuals; and
(2) No permit shall be issued for more than fourteen (14) consecutive days and no permit or combination of permits shall be issued to exceed a total of thirty (30) days in any calendar year for a specific location.
(c) The permit shall specify the exact location at which the activity for which the permit is issued may occur and the day or days during which the activity may take place.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) No device described in Section 683.06 shall be used for the purposes set forth therein:
(1) On Sunday;
(2) On any day between the hours of 8:00 p.m. and 10:00 a.m.; or
(3) Within 500 feet of any school, church or hospital.
(b) No device described in Section 683.06 shall operate within a power output in excess of twenty (20) watts nor with maximum distortion of sound and volume in excess of two percent (2%) at full volume.
(Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
The Commissioner of Assessments and Licenses, upon the recommendation of the Chief of Police, may at any time revoke or suspend the license or permits granted under authority of this chapter for failure to comply with the terms of this chapter or with any laws or regulations relating to the operation of sound devices or sound amplifying devices.
(Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
If the Commissioner of Assessments and Licenses refuses to issue or revokes or suspends a license or permit, the applicant licensee, or permittee may appeal such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Written notice of such appeal shall be filed with the Board within ten days after the making of such order. Within ten days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul the order from which the appeal has been performed, and the finding of the Board shall be final with respect to all parties thereto.
(Ord. No. 2487-A-89. Passed 6-18-90, eff. 6-27-90)
(a) Whoever violates any of the provisions of this chapter shall be guilty of a fourth degree misdemeanor and, upon a first offense, shall be fined two hundred and fifty dollars ($250.00), which fine shall not be suspended, waived or otherwise reduced below that amount, and subject to up to 30 days in jail. 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 may be seized and disposed of in accordance with RC 2933.43.
(b) Whoever violates any provision of this chapter upon any subsequent offense shall be guilty of a misdemeanor of the third degree, and shall be fined five hundred dollars ($500.00), which fine shall not be suspended, waived or otherwise reduced below that amount, and subject to up to 60 days in jail.
(c) Each day upon which a violation occurs or continues shall be a separate offense and punishable as such hereunder.
(Ord. No. 1172-07. Passed 6-9-08, eff. 6-9-08)