§ 909-5. Excessive Sound From a Motor Vehicle.

(A)

No person being the owner or person in possession of a motor vehicle with any radio, phonograph, television, tape player, loud speaker or any other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity, volume and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities or which is plainly audible to persons other than the occupants of said motor vehicle.

(B)

It shall be prima facie unlawful for a person being the owner or person in possession of a motor vehicle with a device described above to cause or permit any noise emanating from a motor vehicle which is plainly audible at a distance of 50 feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.

(C)

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 a 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.

(D)

Whoever violates this section is guilty of generating excessive sound from a motor vehicle. The following penalties apply to violations of this section:

(1)

For a first offense, a mandatory fine of two hundred fifty dollars ($250.00);

(2)

For a second offense within one year after conviction of a first offense under this section, a mandatory fine of three hundred fifty dollars ($350.00); and

(3)

For a third offense and each subsequent offense within one year after conviction of a first offense under this section, a mandatory fine of five hundred dollars ($500.00).

In addition, the motor vehicle that is used by a person who has been convicted of a third offense within one year after conviction of a first offense under this section and the person in violation is the vehicle owner, then the motor vehicle shall be subject to seizure and impoundment. The owner of such vehicle shall be liable for an administrative penalty of five hundred dollars ($500.00) in addition to scheduled fees for the towing and storage of the vehicle pursuant to § 513-7 of the Cincinnati Municipal Code.

(E)

Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the impoundment of such vehicle shall be done so pursuant to Chapter 513 of the Cincinnati Municipal Code. At the time the vehicle is towed, at the time of the alleged violation, the police officer shall notify the person in violation who is the owner of the vehicle, of the seizure and impoundment and of the vehicle owner's right to appeal the impoundment in accordance with § 513-9 of the Cincinnati Municipal Code.

(Ordained by Ord. No. 289-2010, § 1, eff. July 30, 2010)