(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