(a) No person, firm or corporation being the owner or person in possession of real property zoned as B-1, B-2 or B-3 and abutting residentially zoned property shall permit the owner or a person in control of any motor vehicle with a gross vehicle weight rating in excess of ten thousand (10,000) pounds or any auxiliary equipment attached to said vehicle to operate said vehicle or auxiliary equipment or any mechanized equipment including but not limited to front end loaders, bobcats and/or similar equipment so as to cause a noise disturbance across the residential property boundary on the days and times as follows:
(1) Mondays through Fridays between 12:00 a.m. and 8:00 a.m.; and between 10:00 p.m. and 11:59 p.m.
(2) Saturdays between 12:00 a.m. and 2:00 p.m.; and between 10:00 p.m. and 11:59 p.m.
(3) Sundays and national holidays between 12:00 a.m. and 5:00 p.m.; and between 10:00 p.m. and 11:59 p.m.
(b) No owner or a person in control of any motor vehicle with a gross vehicle weight rating in excess of ten thousand (10,000) pounds or any auxiliary equipment attached to said vehicle shall operate said vehicle or auxiliary equipment or any mechanized equipment including but not limited to front end loaders, bobcats and other similar heavy equipment on any B-1, B-2 or B-3 zoned property abutting residential zoned property so as to cause a noise disturbance across the residential property boundary on the days and times as follows:
(1) Mondays through Fridays between 12:00 a.m. and 8:00 a.m.; and between 10:00 p.m. and 11:59 p.m.
(2) Saturdays between 12:00 a.m. and 2:00 p.m.; and between 10:00 p.m. and 11:59 p.m.
(3) Sundays and national holidays between 12:00 a.m. and 5:00 p.m.; and between 10:00 p.m. and 11:59 p.m.
(c) No owner or a person in control of any motor vehicle with a gross vehicle weight rating in excess of ten thousand (10,000) pounds or any auxiliary equipment attached to said vehicle and/or any mechanized equipment including but not limited to front end loaders, bobcats and/or similar equipment shall be permitted to operate said motor vehicle or auxiliary equipment and/or any mechanized equipment in a parked or stopped position for a period in excess of ten (10) consecutive minutes on any B-1, B-2 or B-3 zoned property abutting residentially zoned property as to cause a noise disturbance across the residential property boundary.
(1) Stopping and starting a motor vehicle with a gross vehicle weight rating of ten thousand (10,000) pounds or greater or any auxiliary equipment attached to said vehicle or auxiliary equipment or any mechanized equipment including but not limited to front end loaders, bobcats and/or similar equipment for any period of time less than ten (10) minutes in duration in order to cause a break or gap in the sequence of ten (10) consecutive minutes shall not be a defense to a violation of division (c) above.
(2) This section shall not apply to the operation of a self-contained refrigeration unit capable of operating independent of the operation of the tractor or trailer to which it is attached to prevent the loss of perishable items.
(d) No person, firm or corporation being the owner or person in possession of a motor vehicle as defined by Ohio R.C. 4501.01 with any radio, phonograph, television, tape player, loud speaker or any other instrument, machine or device shall cause or permit noise to emanate from the motor vehicle and/or any mechanized equipment including but not limited to front end loaders, bobcats and/or similar equipment in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
(1) It shall be prima facie unlawful for a person, firm, or corporation being the owner or person in possession of a motor vehicle with a device described in (d) above to cause or permit any noise emanating from a motor vehicle and/or mechanism and/or mechanized equipment including but not limited to front end loaders, bobcats and/or similar equipment which is plainly audible at a distance of seventy-five (75) feet from the motor vehicle and/or mechanism and/or mechanized equipment. The lawful use of a motor vehicle horn shall not be a violation of this section.
(2) This section shall not apply to any of the following circumstances:
A. The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic safety condition;
B. The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
C. The motor vehicle is owned and operated by the state or a political subdivision, or a public utility;
D. The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
E. The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state or local law.
(e) Divisions (a), (b) and (c) above shall not apply if:
(1) The motor vehicle or auxiliary equipment and/or mechanized equipment are being operated for the purpose of snow removal, trash hauling, resurfacing and/or restoring the pavement to the parking area and/or roadway surface, which for business purposes, cannot be safely performed during normal business hours.
(f) The person, firm or corporation being the owner or person in possession of real property described above shall have an affirmative defense if signs are posted in appropriate areas of the property prohibiting the operation of motor vehicles or auxiliary equipment and/or mechanized equipment during the periods described herein.
(g) It shall be an affirmative defense to divisions (a) and (b) above if a motor vehicle with a gross vehicle weight rating of ten thousand (10,000) pounds or greater or any auxiliary equipment attached to said vehicle or auxiliary equipment or any mechanized equipment including but not limited to front end loaders, bobcats and/or similar equipment is being operated on any day between 7:00 a.m. and 8:00 p.m. solely for the purpose of moving a trailer to or from a loading dock or entering or leaving the loading area.
(h) Whoever violates paragraph (a), (b), (c), or (d) of this section is guilty of generating excessive sound from a motor vehicle or auxiliary equipment and/or mechanized equipment, a minor misdemeanor for each offense. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree for each offense. A separate offense shall be deemed committed each hour during which a violation occurs or continues to occur. The penalty shall be as provided in Section 698.02.
(Ord. 2005-013SA. Passed 5-16-05; Ord. 2007-036A. Passed 9-4-07.)