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HomeMy WebLinkAbout101-99 Ordinance w_.__.__ RECORD OF ORDINANCES Dayton Lellal Blank Co. Form No. 30043 Ordinance No. .. . ........101,.,9.9.. ........ Passed.. . ..........., .....yF.iii.... AN ORDINANCE ESTABLISHING SECTION 72.021 OF THE DUBLIN CODIFIED ORDINANCES REGARDING EXCESSIVE NOISE ,... EMANATING FROM A MOTOR VEHICLE. -- WHEREAS, excessive sound is a form of pollution and has a direct and harmful effect upon the health and welfare of persons exposed to such sound and adversely affects the peace and quiet of neighborhoods within the City of Dublin; and WHEREAS, sound systems, such as radios, compact disc (CD) players and cassette deck players with speakers, contained in motor vehicles have been dramatically improved to a stage whereby the sound from the system can be amplified to a level of sound which if not controlled may be heard by persons outside the motor vehicle; and WHEREAS, a sound system contained in a motor vehicle is intended for the enjoyment ofthe operator of the motor vehicle and the motor vehicle occupants and not for those using the public streets or residents of the neighborhood wherein the motor vehicle is traveling or parked; and WHEREAS, excessive sound from the sound system of a motor vehicle "",.. causes distractions to other travelers using the public streets and creates a safety hazard; and ..... WHEREAS, in a residential or business district excessive sound from the sound system of a motor vehicle creates a hazard for the public at large who may not hear the approach of an emergency vehicle or warning horn blast indicating an emergency due to the sound from the motor vehicle; and WHEREAS, Council finds that excessive noise or sound generated from the sound system causes inconvenience and annoyance to the inhabitants of the City and presents a safety hazard to users of the public streets. NOW, THERE&RE, BE IT ORDAINED by the Council ofthe City of Dublin, State of Ohio, of the elected members concurring: Section 1. That Section 72.021Loud Noise Emanating from a Motor Vehicle of the Codified Ordinances of the City of Dublin, Ohio, be, and hereby is created and reads as follows: 72.021. LOUD NOISE EMANATING FROM A MOTOR VEHICLE. "",... A. Definitions -- 1. Emergency Vehicle. "Emergency vehicle" means any emergency vehicle of municipal or county departments of public utility corporations when identified as such as required by law, the Ohio Director of Transportation, or Safety Director for the City of Dublin and motor vehicles when commandeered by a police officer. 2. Motor Cycle. "Motor cycle" means an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, ._~~-~--'^_.- RECORD OF ORDINANCES Dayton Lellal Blank Co. Form No. 30043 Ordinance No.uuu. Passed .. ....... page..2.................. VF.'" motor scooters, minibikes, and mopeds. 3. Motor Vehicle. "Motor vehicle" means any vehicle that is propelled or drawn on land by a motor other than a motorcycle. ",.... This definition includes, but is not limited to, the following motor vehicles: automobiles, trucks, campers, go-carts, snowmobiles, ..... dune buggies, or racing vehicles. 4. Noise. "Noise" means any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings. 5. Person. "Person" means any public or private corporation, individual, firm, partnership, association, or other entity. 6. Public Safety Vehicle. "Public safety vehicle" means ambulances, motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws ofthe State, and the vehicles used by fire departments, including motor vehicles used by volunteer firemen responding to emergency calls in the fire department service when identified as required by the Ohio Director of Highway Safety. B. No person, firm, or corporation being the owner or in possession of a motor vehicle with any radio, phonograph, television, tape players, ,.. loudspeaker, or an other instrument, machine or device shall cause or 1;, permit any noise to emanate from the motor vehicle in such a manner ....... and to be of such intensity and duration to create unreasonable noise or loud sound which is audible from a distance of fifty (50) feet and causes inconvenience and annoyance to persons of 0 rdinary sensibilities. C. It shall be prima facie unlawful for a person, firm, or corporation being the owner or person in possession of a motor vehicle described above to cause or permit any noise emanating from a motor vehicle which his plainly audible at a distance of fifty (50) feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section. D. This section shall not apply to any of the following circumstances: . 1. The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, 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 or political ..... subdivision, or a public utility; 4. The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or 5. The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state, or local law; S:\DA TA ICOUNCILIORDINANC\I OI-99.DOC RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. .. ..... ................. .. Passed .. . uuuuuuuu.upageu1uuuu... E. Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor. Ifthe offender persists in [ generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree. Section 2. This ordinance shall take effect from and after the earliest date provided by law. Passed thiW< ()~ daYOf~ 1999. Mayor - Presiding Officer ~~~ ATTEST: [ ~G-~ Clerk of Council J .fiere&y ce~f~ triat copies of this OrdinancelResolution were posted fn the City of Dublin In accordance witb Section 731.25 of the OfUo Revised Code. /fsSf; (I r- ~ ..... S:IDA T A \COUNCIL\ORDINANC\IOI-99.DOC