54-12 Enact Noise Disturbance from Motor Vehicle Prohibited

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Placed on first reading 10/15/2012, second reading 11/5/2012; recommended for adoption on third reading by the Public Safety Committee 11/5/2012; please substitute for the original. ORDINANCE NO. 54-12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, enacting 331.51, Noise Disturbance from Motor Vehicle Prohibited, of the Codified Ordi- nances of the City of Lakewood to create a new offense in the traffic code. WHEREAS, noise disturbances from motor vehicle audio systems disrupt the peace and quiet enjoyment of this eornmunity; and WHEREAS, noise disturbances from motor vehicle create a dangerous condition on the roadway for the operators of other vehicles and pedestrians; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits munic- ipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the City wishes to close any window of time between the effective date of the state code change and the effective date of the local code change; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: SECTION 1. Section 331.51, Noise Disturbance fiom Motor Vehicle Prohibited, shall be hereby enacted as follows: 331.51 NOISE DISTURBANCE FROM MOTOR VEHICLE PROHIBITED (a) No person shall unreasonably make, continue, or cause to be made or contin- ued, or permit, any noise disturbance fiom the playing of any radio, music player, cassette player, compact disc player, audio system, or any similar device in a mo- torvehicle. (b) Whoever violates this section is guilty of a minor misdemeanor on a first of- fense; on each subsequent offense committed within six months of a prior offense, such person is guilty of a misdemeanor of the fourth degree.