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(a) No person shall unreasonably make or continue, or cause to be made or continued, or permit any noise disturbance.
(b) As used in this section "noise" means any sound which annoys or disturbs persons or which causes or tends to cause an adverse psychological or physiological effect on persons. "Noise disturbance" means any sounds which:
(1) Endangers or injures the safety or health of persons or animals;
(2) Annoys or disturbs a reasonable person of normal sensibilities, or;
(3) Endangers or injures personal or real property:
(c) The following acts, and the causing or permitting thereof, are hereby declared to be violations of this section, but such enumeration is not deemed to be exclusive:
(1) Radios, television sets, musical instruments and similar devices.
A. No person shall play any radio, music player such as a boom box, tape cassette, disc player, television, audio system, musical instrument or any other type of sound device upon any public road, street, highway, or private property within the City in a manner or at a volume as to disturb the peace, quiet, comfort or repose of other persons. An exception is made for organized events which have received a valid permit from the City, or any organized function of the City schools.
B. No person shall play any radio, music player such as a boom box, tape cassette, disc player, television, audio system, musical instrument or any other type of sound device in a manner or at such a volume as to disturb the peace, quiet, comfort or repose of neighboring inhabitants 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, or where such noise can be distinctly heard at a distance of more than fifty feet from its source, or otherwise create a noise disturbance across a residential real property boundary. "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.
C. No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the peace, quiet, comfort or repose of other persons or at a volume, which is plainly audible to persons other than the occupants of the vehicle;
(2) Animals and birds. Keeping any bird or animal 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 at a distance of more than fifty feet from its source; excluding any type of animals which are for agricultural purposes, or are part of livestock;
(3) Signal devices. Sounding of any horn, bell, chime or other signal or warning device from or on any property, residence, motor vehicle, motorcycle, bus or other vehicle in such a manner as to create a noise disturbance, except as a danger or warning signal, church bells and/or chimes and the signaling devices on agricultural property used to prevent the destruction of crops by pests or animals;
(4) Vehicles. Using or operating any motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create a loud or unnecessary grating, grinding, rattling or other noise so as to cause a noise disturbance;
(5) Vehicle or motorboat repair testing. Repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle, motorized vehicle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary;
(6) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m., or after 7:00 p.m. and before 9:00 a.m. on Sundays and holidays in such a manner as to cause a noise disturbance across a residential real property boundary;
(7) Heavy vehicles, racing engines. Operating or permitting the operation of any motor vehicle with a gross weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such vehicle, for longer than five minutes in any hour while the vehicle is stationary, for- reasons other than traffic congestion, except while loading and unloading perishables, where such noise creates a noise disturbance across a residential real property boundary; or racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from the stopped position that the exhaust system emits a loud cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface, commonly known as "peeling";
(8) Construction. Operating or permitting the operation of any tools other than domestic power tools or equipment used in construction, drilling or demolition work, between 9:00 p.m. and 7:00 a.m. or between 7:00 p.m. and 9:00 a.m. on Sundays and holidays, except for emergency work, public service utilities or by special permission of the Safety Director;
(9) Domestic power tools. Operating or permitting the operation of any mechanically-powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or similar device used outdoors, other than powered snow removal equipment in residential areas between 9:00 p.m. and 7:00 a.m. or between 7:00 p.m. and 9:00 a.m. on Sundays and holidays;
(10) Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source. For the purpose of this section, "vibration perception threshold" means the minimum ground or structure-born vibrational motion necessary to cause a normal person to be aware of the vibration by direct means, such as but not limited to sensation by touch or visual observation of moving objects.
(d) This section shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or to the emission of sound in the performance of emergency work. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way are also exempt from this section.
(e) Whoever willfully or knowingly violates any of the provisions of this section, for which no penalty is otherwise provided, is guilty of a minor misdemeanor. Whoever willfully or knowingly persists in violating any of the provisions of this section, for which no penalty is otherwise provided, is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day, or part thereof, during or on which a violation occurs or continues.
(1) In addition to any other method of enforcement provided for this chapter, division (c)(1) A. and B. and (c)(4) through (10) of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, and division (c)(1)C. of this section 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 Ohio R. C. 2935.17 and 2937.46.
(2) Whoever violates division (c)(1) A., B. or C. of this section within thirty- six hours of having been warned by a police officer to desist from violating one of those sections is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(3) Each day upon which a violation occurs or continues shall be a separate offense and punishable as such hereunder.
(Ord. 78-01, passed 5-14-01)