CHAPTER 511
Noise Pollution Control
511.01   Purpose.
511.02   Findings.
511.03   Scope.
511.04   Definitions.
511.05   General prohibition.
511.06   Noises prohibited.
511.07   Exemptions.
511.08   Enforcement.
511.99   Penalties.
CROSS REFERENCES
      Disorderly conduct and peace disturbance - see GEN. OFF. Ch. 509
   511.01 PURPOSE.    
   This chapter is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of Bedford Heights through the reduction, control and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity. (Ord. 2002-034. Passed 2-19-02.)
   511.02 FINDINGS.
   (a)    Loud and raucous noise degrades the environment and the City of Bedford Heights to a degree that:
      (1)   Is harmful to the health, welfare and safety of its inhabitants and visitors;
      (2)   Interferes with the comfortable enjoyment of life and property;
      (3)   Interferes with the well being, tranquility and privacy of the home; and
      (4)   Both causes and aggravates health problems.
   (b)   Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the City of Bedford Heights inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work and communication.
   (c)   The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace and freedom of inhabitants of, and visitors to, the City of Bedford Heights.
   (d)   Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure and other elements necessary for the physical and commercial vitality of the City of Bedford Heights.
(Ord. 2002-034. Passed 2-19-02.)
   511.03 SCOPE.
   This chapter applies to the control of all sound originating within the jurisdictional limits of the City of Bedford Heights.
(Ord. 2002-034. Passed 2-19-02.)
   511.04 DEFINITIONS.
   (a)    Noise measurement:
      (1)    "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB (A) or dBA.
      (2)    "Decibel (db)” means a unit of sound pressure measurement as defined in the American National Standards Institute Bulletin.
      (3)    "dB (A)" refers to a weighted scale for measuring decibels as defined in the American National Standards Institute Bulletin.
      (4)    "Noise level" refers to the A-weighted sound level produced by or emanating from a motor vehicle.
      (5)    "Sound level meter" means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks and which is used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American Standard Association. Readings shall be made on a dB (A) scale.
   (b)    "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
   (c)    "Emergency Work" means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
   (d)    "Mayor" means the Mayor of the City of Bedford Heights or the Mayor's designee.
   (e)    "Noise Sensitive Area" includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library or similar institution is located.
   (f)    "Person" means any individual, firm, association, partnership, joint venture or corporation.
   (g)   "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public, which is owned or controlled by a government entity.
   (h)   "Public space" means any real property or structures on real property owned by a government entity and normally accessible to the public including, but not limited to, parks and other recreational areas.
   (i)    "Residential area" means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the City of Bedford Heights zoning ordinance.
(Ord. 2002-034. Passed 2-19-02.)
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