(a) Definitions.
(1) “Noise” means sound that is loud, unpleasant, unexpected, unreasonable or undesired.
(2) “Plainly audible” means any sound produced by a radio, television, stereo, tape/CD player, or other sound making/amplification device or instrument that can be detected by a person’s ordinary auditory senses without the enhancement by any mechanical device form at least one- hundred (100) feet from the exterior of a motor vehicle and/or structure (residence, building, etc.), or from a person that may be carrying such a device.
(3) “Neighborhood” means the quality or state of being immediately adjacent or relatively near something. Also, means a place or a region near and the people living near one another.
(4) “Motor vehicle” includes not only motor vehicles, but also emergency vehicles, commercial/school buses, trucks, tractors, motorcycles, etc., as defined in Ohio R.C. 4501.01.
(5) “Construction or other mechanical devices” means any device that is used in the construction or maintenance of a building or property powered by an individual or an engine/motor and which emits noise, e.g., tractors, lawn mowers, saws, hammers, etc.
(b) Prohibitions.
(1) No person shall purposely, knowingly, recklessly, or negligently operate any radio, television, stereo, tape/CD player, instrument or any other sound making device upon any public road, street, highway, or public or private property in the City of Cortland, Ohio in such fashion or at a volume plainly audible so as to disturb the peace and quiet, comfort or repose of other persons in those affected neighborhoods.
(2) No person who is the owner, operator, or occupant of a motor vehicle shall cause or permit to be caused any noise emanating from the vehicle as described in this section from a distance of one-hundred (100) feet.
(3) No person who is the owner, resident, or occupant of any structure, e.g., commercial or public building, private residence, etc., shall cause or permit to be caused any noise emanating from the structure as described in this section from a distance of one-hundred (100) feet from the structure between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Saturday.
(4) No person shall cause or permit to be caused any noise as described in this section as a result of using any construction or maintenance device whereby the noise is plainly audible a distance of one-hundred (100) feet from the device between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Saturday.
A. This section does not apply to sound or noise that emanates from the operation of emergency vehicles or equipment, i.e., sirens and other warning devices, or from the construction or maintenance of property that is conducted on an emergency basis by the City of Cortland and/or the utility companies.
(c) In determining whether a noise is of such character to violate the elements herein with regard to unreasonably disturbing the peace and quiet of the community, the following shall be considered:
(1) Complaints of neighbors regarding the referenced noise;
(2) The time of day which the noise is occurring or has occurred;
(3) The intensity and duration of the noise;
(4) The type of noise emanating; and
(5) What, if any, alternatives are available without excessive noise.
(d) Whoever violates this section is guilty of a minor misdemeanor and may be determined guilty by a court of law and sentenced accordingly. Each violation constitutes a separate offense.
(e) Upon conviction for a violation of this section, the sound device used during the commission of the offense shall be subject to seizure, forfeiture and payment of a judgment.
(Ord. 0-41-97. Passed 7-21-97.)