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(A) Upon information that noxious weeds are growing on lands in the village and are about to spread or mature seeds, the Village Council shall cause written notice to be served on the owner or person having charge of such land that such weeds must be cut and destroyed within five days after service of such notice.
(B) Upon a finding by the Village Council that litter has been placed on lands in the village, and has not been removed, and constitutes a detriment to public health, the Village Council shall cause a written notice to be served upon the owner and, if different, upon the lessee, agent or tenant having charge of the littered land, notifying him or her that litter is on the land, and that it must be collected and removed within 15 days after the service of the notice.
(C) Said notice may be served by a member of the Village Police Department by personally serving such owner or person having charge of such land or if such owner of person having charge of such land is a nonresident of the village and his or her address in known, such notice shall be sent to his or her address by certified mail; if such person’s address is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the county.
(Ord. 16-67, passed 6-6-1967; Ord. 21-88, passed 1-3-1989)
(A) If the owner of person having charge of such land fails to comply with such notice within ten days after the service of such notice or after the publication of such notice in a newspaper of general circulation in the county, such owner or person shall be subject to the penalty as may be provided in § 96.99. In addition thereto, the Village Council may cause the noxious weeds to be cut and destroyed or such litter removed and all expenses and labor incurred in such operation, shall, when approved by Council, be paid out of village funds not otherwise appropriated.
(B) The Village Council shall make a written return to the County Auditor of their actions under § 96.07 and division (A) above inclusive with a statement of the charges for its services, the amount paid for labor, the fees of the officers serving said notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and to be collected as other taxes and returned to the village with the General Fund.
(Ord. 16-67, passed 6-6-1967; Ord. 21-88, passed 1-3-1989) Penalty, see § 96.99
NOISE
(A) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(B) No person shall operate or permit the operation of any sound amplification system so that the sound is plainly audible at a distance of 50 feet or more from the location of said sound amplification system.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLAINLY AUDIBLE. Any sound produced by a sound amplification system which can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Word or phrases need not be discernible and base reverberations are included.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice.
(D) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the village or a gas, electric, communications or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons;
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the village authorized to grant such approval.
(Ord. 17-96, passed 4-22-1996; Ord. 11-99, passed 6-14-1999; Ord. 02-18, passed 2-12-2018) Penalty, see § 96.99
(A) The following acts, or the causing or permitting thereof, are declared to be in violation of this section:
(1) Restriction. No person shall operate or permit the operation or playing of any radio, television, phonographic, amplified musical instrument, loudspeaker, music or voice reproduction device, or any device, including, but not limited to, animals, vehicles, explosive devices and equipment, which produces, reproduces or amplifies sound:
(a) In such a manner as to create a noise disturbance across a boundary of property;
(b) In such a manner as to create a noise disturbance in or at a public place; or
(c) In such a manner as to create a noise disturbance with willful or wanton disregard for others.
(2) Exceptions. This section shall not apply to the following:
(a) Functions specifically permitted by the Ohio Revised Code or other village ordinances;
(b) Construction, repair or property maintenance (including, but not limited to, mowers, trimmers, edgers, blowers, snow blowers, pool pumps and power tools) when conducted between the hours of 6:00 a.m. and 9:00 p.m.;
(c) Infrequent repair, rebuilding, reconstruction or dismantling of any motor vehicle between the hours of 6:00 a.m. and 9:00 p.m.;
(d) Trash collection vehicle operation;
(e) Emergency operations: sound generated in the performance of emergency operations including, but not limited to, audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger;
(f) Sound sources typically associated with residential uses (including, but not limited to, children at play, and air conditioners in good working order);
(g) Safety, warning and alarm devices, including house and car alarms, and other warning devices that are designed to protect health, safety and welfare, provided such devices are not negligently maintained or operated;
(h) Sounds generated from public or private schools and athletic contests or practices, and other school activities;
(i) Transient sounds generated by transportation including, but not limited to, public and private airports, aircraft, railroads and other means of public transit;
(j) Emergencies, involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including, but not limited to, sworn peace officers, emergency personnel, utility personnel and the operation of emergency response vehicles and equipment;
(k) Sounds generated from the operation of a public facility or public use;
(l) Sound sources associated with agricultural operations on agricultural land which are carried out in any manner consistent with the practice and within standards of the agricultural industry;
(m) Sounds generated by church bells or chimes or other church activities;
(n) Sound emanating from a civic or public function for which a special event permit has been issued by the village;
(o) Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression; and
(p) The exceptions mentioned in this section shall not be effective if the act is determined to be a willful or wanton disregard for others.
(B) For purposes of this section, a NOISE DISTURBANCE means any unreasonably loud, raucous, disturbing or unnecessary noise; and noise of such character, intensity or duration as to disturb the peace, quiet and good order of the municipality or which is likely to be detrimental to or cause inconvenience or annoyance to a person of ordinary sensibilities; or any other noise or sound created in such a manner as to disturb the peace and quiet of residents or of a neighborhood in the municipality.
(C) (1) Except for division (C)(2) below, no person shall be charged with a violation of this section unless a minimum of two complaining parties residing in separate residences complain about the same noise or annoyance in the same time frame. Law enforcement officials shall record the complaining parties’ information and include the information as a matter of course with the filing of the complaint.
(2) When a violation is committed in the presence of a police officer, such officer shall have the authority to initiate all necessary proceedings to enforce this section.
(Ord. 06-09, passed 5-26-2009) Penalty, see § 96.99
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