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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.)
511.05 GENERAL PROHIBITION.
(a) No person shall make, continue or cause to be made or continued:
(1) Any unreasonably loud or raucous noise; or
(2) Any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the City of Bedford Heights; or
(3) Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
(b) Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:
(1) The proximity of the sound to sleeping facilities, whether residential or commercial;
(2) The land use, nature and zoning of the area from which the sound emanates and the area where it is received or perceived;
(3) The time of day or night the sound occurs;
(4) The duration of the sound; and
(5) Whether the sound is recurrent, intermittent or constant.
(Ord. 2002-034. Passed 2-19-02.)
511.06 NOISES PROHIBITED.
The following acts are declared to be per se violations of this chapter. This enumeration does not constitute an exclusive list.
(a) Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.
(b) Vehicle Horns, Signaling Devices and Similar Devices. The sounding of any horn, signaling device or other similar device on any automobile, motorcycle or other vehicle on any right-of-way or in any public space of the City of Bedford Heights, for more than ten (10) consecutive seconds. The sounding of any horn, signaling device, or other similar device as a danger warning is exempt from this prohibition.
(c) Non-Emergency Signaling Devices. Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than ten (10) consecutive seconds in any hourly period. The reasonable sounding of such devices by the City of Bedford Heights for traffic control purposes is exempt from the operation of this provision.
(d) Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, except in an emergency or except as provided in subsections (1) and (2) below.
(1) Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five (5) minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.
(2) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm shall terminate within fifteen (15) minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this chapter.
(e) Radios, Televisions, Boomboxes, Phonographs, Stereos, Musical Instruments and Similar Devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distance of 50 feet from any person in a commercial, industrial area or public space. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet and comfort of neighbors in residential or noise sensitive areas, including multi-family or single-family dwellings.
(f) Loudspeakers, Amplifiers Public Address Systems and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:
(1) Within or adjacent to residential or noise-sensitive areas;
(2) Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.
This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the City of Bedford Heights.
(g) Yelling, Shouting and Similar Activities. Yelling, shouting, hooting, whistling or singing in residential or noise sensitive areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort or repose of reasonable persons of ordinary sensitivities.
(h) Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird.
(i) Loading or Unloading Merchandise Materials, Equipment. The creation of unreasonably loud, raucous and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.
(j) Blowers and Similar Devices. In residential or noise sensitive areas, between the hours of 7:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, power fan, motor vehicle engine or cooling device for trucks or trailers, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates and exceeds eighty decibels (80 dBA) for more than 30 seconds.
(k) Commercial Establishments Adjacent to Residential Property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. which is plainly audible at a distance of five (5) feet from any residential property and exceeds eighty decibels (80 dBA) for more than 30 seconds.
(Ord. 2002-034. Passed 2-19-02.)
511.07 EXEMPTIONS.
(a) Motor vehicles on traffic ways of the City of Bedford Heights, provided that the prohibition of Section 511.06(b) continues to apply.
(b) Repairs of utility structures, which pose a clear and immediate danger to life, health or significant loss of property.
(c) Sirens, whistles or bells lawfully used by emergency vehicles or other alarm systems used in case of fire, collision, civil defense, police activity or imminent danger, provided that the prohibition contained in Section 511.06(d) continues to apply.
(d) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(e) Repairs or excavations of bridges, streets or highways by or on behalf of the City of Bedford Heights, the State, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.
(f) Outdoor School and Playground Activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used including, but not limited to, school athletic and school entertainment events.
(g) Other Outdoor Events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority.
(Ord. 2002-034. Passed 2-19-02.)
511.08 ENFORCEMENT.
(a) The following individuals shall enforce this chapter. The Mayor or Police Chief will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this chapter shall prevent the Mayor or Police Chief from obtaining voluntary compliance by way of warning, notice or education.
(b) If a person's conduct would otherwise violate this chapter and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a non-violent manner a position on social economic, political or religious questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.
(Ord. 2002-034. Passed 2-19-02.)
511.99 PENALTIES.
(a) A person who violates a provision of this chapter is guilty of a misdemeanor, which is punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed sixty (60) days or both.
(b) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately. (Ord. 2002-034. Passed 2-19-02.)