(a) No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, television, stereo, loudspeaker or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument.
(b) It is prima facie unlawful for a person to generate or permit to be generated sound by the devices or instruments described in subsection (a) hereof in the following circumstances:
(1) On private property or from a property zoned Residential, Office/ Professional, General Business, or Retail Business, regardless of existing nonconforming use or variance, where the sound is audible more than eighty feet from the property line of the property on which the source of the sound is located; or,
(2) On a street, highway or in the public right-of-way where the sound is audible one hundred feet from the device generating the sound.
(c) No person, being the owner, or person in possession of a premises or person in control of the premises by reason of employment, agency, or otherwise whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
(d) The following are exempted from the provisions of this section:
(1) Audible warning devices on emergency or public safety vehicles when responding to situations in an emergency mode in conjunction with the use of an emergency warning light; or,
(2) Building and vehicle alarms, unless there is a history of recurrent false activation of such devices; or,
(3) Construction equipment involved in the emergency repair or stabilization of a structure or facility after the accidental damage of or failure of such structure or facility, with the consent of the Village Mayor and/or his or her designee; or,
(4) Any event sponsored for the enjoyment of the community at large where the public is invited to attend; or,
(5) Warning devices such as horns, whistles, etc., when used to warn of a potentially dangerous and/or hazardous condition, but only for the duration of that condition.
(e) (1) Whoever violates this section is guilty of generating an unreasonable noise and a minor misdemeanor.
(2) If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is guilty of persistent generating of an unreasonable nose and a misdemeanor of the fourth degree.
(Ord. 8-2012. Passed 4-11-12.)
(f) If violation of this section involves sound equipment that is portable or in a motor vehicle, both the sound equipment and the motor vehicle, if applicable, are hereby deemed contraband and subject to seizure and forfeiture under Ohio R.C. 2981.01 through 2981.14.
(Ord. 11-2012. Passed 5-9-12.)