648.11   UNNECESSARY NOISE.
   (a)   No person shall cause, create, allow, or permit noise to be made within the Village that is unreasonably loud, disturbing and unnecessary and of such character, intensity and duration as to be detrimental to the life and health of any individual.
   (b)   Loud, disturbing and unnecessary noise in violation of this section shall include but is not limited to the following:
      (1)   The sounding of any horn, bell or other signal or warning device on any motor vehicle, motorcycle, bus, or other vehicle except as a danger or warning signal;
      (2)   The use or operation of any radio, phonograph, musical instrument or device designed for the production or reproduction of sound in such a manner or with such volume as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity residing in the Village or with a volume louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the device is operated and who are voluntary listeners. The operation of any of the above-named devices between the hours of 11:00 p.m. and 7:00 a.m. that produces noise that is plainly audible at a distance of 50 feet from the source of the noise will be prima facie evidence of a violation;
      (3)   The keeping of any animal or bird which, by causing frequent or long continued noise disturbs the comfort or repose of any person in the vicinity, where such noise can be distinctly heard outside the property line of the premises at which the animal or bird is kept;
      (4)   The use of any motorcycle or vehicle so out of repair or loaded so as to create loud or unnecessary grating, grinding, rattling or other noise;
      (5)   The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle;
      (6)   The making of any unnecessary or unseemly noise by a person or by operation of any instrument, device, agency or vehicle, the performance of any construction or demolition activity or the operation of any mechanical, electrical, pneumatically, hydraulically powered or battery operated apparatus used in connection with any construction or demolition activity between the hours of 7:00 p.m. and 7:00 a.m. from Monday to Saturday, inclusive. No such activity or operation shall be performed on Sundays or holidays;
      (7)   The creation of any excessive noise on any street adjacent to any school, institution or learning, or church which unreasonably interferes with the operation of such school, institution of learning or church.
   (c)   None of the prohibitions set forth in divisions (a) and (b) of this section shall apply to the following:
      (1)   Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities;
      (2)   Noise of safety signals and warning devices;
      (3)   Emergency utility or other repair work, such as restoring electric power lines or a water or sewer main;
      (4)   Excavation or repair of bridges, streets or highways by or on behalf of the Village, State of Ohio, or Cuyahoga County when the public welfare, safety and convenience render it impossible to perform such work during other hours;
      (5)   Noise from lawfully scheduled sporting events, parades, fireworks, festivals, and concerts;
      (6)   Noise resulting from band concerts or other public entertainments or announcements given with the consent of Council;
      (7)   Noise resulting from school bells and playground activity;
      (8)   Construction sounds occurring between 7:00 a.m. and 7:00 p.m., except on Sundays and national holidays;
      (9)   Refuse collection occurring between 7:00 a.m. and 7:00 p.m.
   (d)   Whoever violates this section is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred and fifty dollars ($250.00) or imprisoned no more than 30 days, or both, for each offense.
(Ord. 2017-33. Passed 10-18-17.)