(a) Definitions. For the purpose of this section certain words and phrases used herein are defined as follows:
(1) "Auditory device" means any device that can be used to create a sound that can be heard.
(2) "Business District" means any area classified as Business B Districts as set forth in Section 1246.01, including but not limited to retail business and general business.
(3) "Device" means any system or machine devised or constructed to perform one or more tasks.
(4) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
(5) "Loud or raucous noise" means any noise or sound that emanates in such manner and/or volume and is of such intensity, character, and duration to be offensive or disturbing to a person of ordinary sensibilities.
(6) "Machine" means any system or device together with its power source and auxiliary equipment used to accomplish a specific objective.
(7) "Municipal District" means any area classified as a Public Facilities M Districts as set forth in Section 1246.01, including but not limited to quasi-public and institutional.
(8) "Non-residential property" means any area zoned other than Residential R Districts as set forth in Section 1246.01, including but not limited to business and institutional areas.
(9) "Person" includes any public corporation, private corporation, individual, firm, partnership, association, or other entity.
(10) "Property line" means the line along the ground surface, and its vertical extension, which separates the real property owned, rented, leased, or occupied by one or more persons from that owned, rented, leased, or occupied by another person and the imaginary line which represents the legal limits of property of any person who owns, rents, leases, or otherwise occupies an apartment, condominium, hotel or motel room or any other type of residential unit.
(11) "Residential Unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation including, but not limited to, any residential units located within Planned Unit Development Districts, or any other area zoned for mixed-use.
(12) "Sound amplification system" means any device used for the amplification of the human voice, music, or other sound and includes, but is not limited to, any radio, tape player, compact disc player, or loudspeaker.
(13) "Stationary sound source" means a machine or device capable of creating a noise level at the property upon which it is regularly located, including, but not limited to standing motor vehicles, industrial and commercial process machinery and equipment, pumps, fans, air-conditioning apparatus or refrigeration machines.
(14) "Strict liability" means an offense for which the action or result alone is enough to warrant a conviction, with no need to prove a mental state; it is an offense that does not require a mens rea element.
(15) "Warning device" means any device which signals an unsafe or potentially dangerous situation.
(b) Prohibited sounds:
(1) No person shall make or allow to be made any unreasonably loud and/or raucous noise in such a manner or at such a volume as to be a nuisance or cause discomfort for a person of ordinary sensibilities. Strict liability is intended to be imposed for a violation of this division.
(2) In addition to the prohibition set out above, the following specific acts are declared to be in violation of this section:
A. No person shall operate or permit the operation of any sound amplification system, auditory device, or stationary sound source from a residential unit in a manner as to be audible at a distance of 80 feet beyond the property line of the property from which the sound emanates. Strict liability is intended to be imposed for a violation of this division.
B. Where there are two or more residential units contained within one structure, or adjoining properties each with a residential unit within 50 feet of one another, no person shall operate or permit the operation of any sound amplification system, auditory device, or stationary sound source from a residential unit in a manner as to be audible at a distance of 25 feet away from the residential unit from which the sound emanates. Strict liability is intended to be imposed for a violation of this division.
C. Between the hours of 9:00 p.m. and 7:00 a.m., no person shall operate or permit the operation of any sound amplification system, auditory device, or stationary sound source from non-residential property in a manner as to be audible at the property line of a residential unit that is 100 feet or more beyond the property line of the property from which the sound emanates. Strict liability is intended to be imposed for a violation of this division.
D. No person shall operate or permit the operation of any sound amplification system, auditory device, or stationary sound source on a street or highway, or in the public right-of-way, where the sound is audible 100 feet from the system, device, or source. Strict liability is intended to be imposed for a violation of this division.
(c) Special provisions (exemptions).
(1) The provisions of this section shall not apply to the following:
A. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
B. Warning devices necessary for the protection of public safety.
C. Outdoor gatherings, public performances, shows, sporting events, concerts, entertainment events, parades, and other temporary events that may emanate noise in violation of the provisions of this section, provided these events are conducted pursuant to permission, permit, or license issued by the City.
D. Public works projects or public health or City sanitation activities as authorized by the City, state, and/or other political subdivisions.
E. The emission of sound that is periodically generated by activities or equipment utilized to maintain the property in compliance with housing, building, zoning, fire, safety, health, or sanitation codes and which occurs between the hours of 7:00 a.m. to 9:00 p.m.
(d) New Structures and Development. Prior to the approval of a zoning change, the noise impact of the zoning change may be reviewed by the Commissioner of Zoning, Housing and Residential Building, or designee. Any such review shall involve identifying existing and projected or potential noise sources and their associated sound levels.
(1) Reasonable noise control measures may be required by the Commissioner of Zoning, Housing and Residential Building to be installed in any new structure or project in order to mitigate the impact of projected noise sources.
(e) Inspection.
(1) The Commissioner of Zoning, Housing & Residential Building or designee may inspect upon consent, in any non-residential property, at any reasonable time and in a reasonable manner, any device or mechanism which creates any disturbing noise, including but not limited to the premises where such device or mechanism is used.
(2) If entry to the premises is denied or refused, the Commissioner of Zoning, Housing & Residential Building or designee may obtain an inspection warrant from a court of competent jurisdiction.
(f) Variance Procedure.
(1) Any person who receives a notice from the Mayor or Commissioner of Zoning, Housing, and Residential Building or their designee of violation of any provision of this section may file an application with the Board of Building and Zoning Appeals for a variance.
The Board may grant a variance in a specific case and from a specific provision of any regulation, order, or notice subject to appropriate conditions and provided the Board makes specific findings of fact based on evidence relating to the following:
A. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any regulation, order, or notice;
B. That the effect of the application of the provisions would be arbitrary in the specific case; and
C. That such variance is in harmony with the general purpose and intent of the Board in securing the public health, safety and general welfare.
In determining whether there are practical difficulties or unnecessary hardships in carrying out the strict letter of any regulation, order, or notice, the Board shall take into consideration whether strict compliance would result in practical difficulties, unnecessary hardships or closing down of an existing business.
The application shall be accompanied by the standard fee for an appeal to the Board. A separate application shall be filed for each noise source; however, several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Board will place such item on the agenda for the next regularly scheduled meeting.
(g) Issuance of notices and orders.
(1) The Mayor and the Commissioner of Zoning, Housing & Residential Building, or their designee may issue notices and orders requiring the abatement of all violations of this chapter and the correction of any condition, which may result in a violation of this chapter. Failure to act upon such notice or order within the time limit set forth therein or within any time extension granted may result in revocation of any existing permit issued by the City.
(h) Enforcement.
(1) The Division of Police shall have the power to effect compliance with this section.
(2) The Commissioner of Zoning, Housing & Residential Building or designee shall have the power to serve notice of a civil infraction and fines for owners of non-residential properties for violations of this section.
(3) The Zoning, Housing & Residential Building Commissioner may adopt such rules and regulations as deemed necessary to carry out the provisions of this section.
(i) Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
(j) Penalty.
(1) Whoever violates division (b)(1) of this section is guilty of unreasonably loud and/or raucous noise. Except as otherwise provided in this division, unreasonably loud and/or raucous noise is a minor misdemeanor. If the offender persists in making or allowing to be made unreasonably loud and/or raucous noise after reasonable warning or request to desist within a 12-hour period (with no requirement to wait 12 hours), unreasonably loud and/or raucous noise is a misdemeanor of the fourth degree.
(2) Whoever violates division (b)(2) of this section is guilty of prohibited sound. Except as otherwise provided in this division, prohibited sound is a minor misdemeanor. If the offender persists in operating or permitting the operation of a sound amplification system, auditory device, or stationary sound source in violation of the prohibitions contained in division (b)(2) after reasonable warning or request to desist within a twelve-hour period (with no requirement to wait 12 hours), prohibited sound is a misdemeanor of the fourth degree.
(3) If the offender has previously been convicted of a violation of this section, a new violation of this section is a misdemeanor of the fourth degree.
(4) The owner or occupier of a non-residential property that is the source of sounds emitted in violation of the prohibitions contained in division (c)(2) may be served notice of a civil infraction and fined as follows: $500 for the first violation, $1,000 for the second violation and $5,000 for the third, and each subsequent, violation occurring within a one-year period.
A. Affirmative defenses. The owner of the non-residential property shall not be liable for a fine under this division where sufficient evidence of one of the following conditions is proven:
1. At the time of the violation, the non-residential property was in the possession of someone other than its owner pursuant to a written lease or rental agreement and the owner provides a copy of the lease or rental agreement along with the name and address of the lessee or renter.
2. At the time of the violation, the non-residential property was occupied in violation of law and the owner provides a copy of a police report alleging that the non-residential property had been the subject of an unlawful entry.
B. Appeal. An owner may appeal their civil infraction to the Real Property Maintenance Board by filing a notice of appeal on a form and in a manner prescribed by the department within 15 days of service of the notice of civil infraction.
1. Upon the filing of a timely notice of appeal, the Real Property Maintenance Board shall conduct a hearing on the appeal within 45 days unless a continuance is requested by either party and granted by the chair of the Board.
2. At such hearing, the burden shall be on the commissioner to prove the violation by a preponderance of substantial, reliable, and probative evidence.
3. The Real Property Maintenance Board shall render its decision in writing, including findings of fact and conclusions of law, within seven days of the date of the hearing. The decision of the may reverse, modify, or affirm the order and action of the commissioner.
4. Decisions of the Real Property Maintenance Board issued pursuant to this section may be appealed to the Summit County Common Pleas Court pursuant to Ohio Revised Code Chapter 2506.
(5) In addition to any other remedy available by law, the Commissioner of Zoning, Housing & Residential Building may file a civil action in the appropriate court seeking a court order to recover any accumulated civil fines and/or for injunctive relief or file a criminal misdemeanor complaint.
(Ord. 1992-166. Passed 1-18-93; Ord. 2024-049. Passed 11-18-24.)