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Fairview Park Overview
Codified Ordinances of Fairview Park, OH
CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 96-82
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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557.02 NOISE DISTURBANCES PROHIBITED.
   In addition to the specific prohibitions outlined in this chapter, no person shall unreasonably make, continue or cause to be made, continued or permitted, any noise disturbance as further provided in Section 509.10. This section shall not apply to non-commercial public speaking and public assembly activities conducted on any public space or public right of way with a permit from the Police Chief.
(Ord. 82-17. Passed 6-28-82.)
557.03 SPECIFIC PROHIBITIONS.
   The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter.
   (a)   Air Conditioners. Maintaining any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such a manner as to create a noise disturbance across a real estate boundary. Maximum levels for residential properties shall not exceed sixty dBA at twenty feet from the source. Maximum levels for commercial properties shall not exceed sixty-five dBA at twenty feet from the source.
      (Ord. 04-32. Passed 11-15-04.)
   (b)   Construction. Operating or permitting the operation of any tools or equipment in construction, drilling, building or demolition work between the hours of 9:00 p.m. and 8:00 a.m., or on Sundays or holidays, except for emergency work of public service utilities or by special variance. During the permitted period of operation, maximum sound levels in residential areas shall not exceed sixty dBA measured at a distance of fifty feet from the vehicle or other noise source.
   (c)   Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or other similar device used outdoors, other than powered snow removal equipment, outdoors between the hours of 9:00 p.m. and 8:00 a.m. or on Saturday or Sunday before the hour of 9:00 a.m. During the permitted period of operation, maximum sound levels in residential areas shall not exceed eighty-eight dBA measured at a distance of fifty feet from the noise source.
   (d)   Emergency Signaling Devices.
      (1)   The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in this section. Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m., or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 9:00 p.m. In no case shall such test exceed ten minutes.
      (2)   Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within two minutes of activation, or within a reasonable time after notification of activation.
      (3)   The repeated or continual sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right of way or public space, except as a warning of danger.
   (e)   Explosives, Firearms and Similar Devices. The using or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right of way, except as permitted by Section 549.08 .
   (f)   Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m., or after 10:00 p.m. and before 10:00 a.m. on Sundays, in such a manner as to cause a noise disturbance across a residential real property boundary.
   (g)   Loudspeakers/Public Address Systems.
      (1)   Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right of way or public space for any commercial purpose, except as otherwise provided in Section 509.12 and 713.03 of the Codified Ordinances.
      (2)   Using, operating or permitting for any noncommercial purpose any loudspeaker, public address system, mobile sound vehicle or similar device between the hours of 9:00 p.m. and 10:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary.
   (h)   Places of Public Entertainment.
      (1)   Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any enclosed place of public entertainment at a sound level greater than ninety- five dBA as read with a slow response on a sound level meter at any point which is normally occupied by a customer unless a conspicuous and legible sign is located outside such place near each public entrance stating, “WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT”.
      (2)   Operating or permitting the operation of any business if such operation causes a noise disturbance across a residential real property boundary or in a public space.
   (i)   Powered Model Vehicle or Go-Carts. Operating or permitting the operation of powered model vehicles or go-carts so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 10:00 p.m. and 8:00 a.m.
   (j)   Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument or similar device which produces, reproduces or amplifies sound:
      (1)   Between the hours of 10:00 p.m. and 8:00 a.m. on weekdays and before 10:00 a.m. and after 8:00 p.m. on Sundays, in such a manner as to create a noise disturbance across a residential real property boundary; or
      (2)   In such a manner as to create a continuing noise disturbance in excess of fifty dBA at fifty feet from such device, when operated in or on a motor vehicle on a public right of way or public space, except as permitted by Section 509.11 .
   (k)   Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, motor bicycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
   (l)   Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or continuously for a period of ten minutes or more, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary, as further provided in Section 505.02 . Provided, however, that the provisions hereof shall not apply when a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated.
   (m)   Motor Vehicles.
      (1)   Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 7,000 pounds or any auxiliary equipment attached to such vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 9:00 p.m. and 8:00 a.m. This section shall not apply to public utilities vehicles, Municipal service vehicles or buses operated as common carriers.
      (2)   No person shall operate a motor vehicle on a public right of way at any time in such manner that the sound pressure level emitted by such vehicle exceeds the levels set forth in Table 1 below, when measured at the location and distance established by subsection (m)(3) hereof, or otherwise operate a motor vehicle in a manner prescribed by Sections 311.03, 311.36, 337.20, 337.25 or 509.11 of the Codified Ordinances. This section shall apply to all licensed motor vehicles whether publicly or privately owned.
TABLE 1
 
VEHICLE
CLASS
SOUND
PRESSURE
LEVEL IN dBA
STATIONARY RUN-UP
Speed Limit 45 Miles/per/hour or less
Stationary
Engine Speed
Dist. of
Microphone
from Vehicle
Noise Limit in
dBA
Any motor carrier vehicle engaged in Interstate Commerce of GVWR or GCWR of 10,000 pounds or more
Adopt Federal Interstate Motor Carrier procedures.
Max. governor speed (N/A to vehicle W/O governors).
50 feet from center line of vehicle
88
Any motor vehicle with a GVWR or GCWR of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle.
86 (Min. of 15 feet from center lane of traffic).
Ungoverned vehicles of this class shall be tested @ 75% of motor speed @ maximum developed horsepower
88
Any Motorcycle
80* (min. of 15 feet from center lane of traffic).
1/2 of Tachometer Red Line Value
20 inches from near side of motorcycle
95
Any other motor vehicle and any combination of vehicles towed by such motor vehicle
80* (Min. of 15 feet from center lane of traffic).
3,000 RPM
20 inches from end of tailpipe @ 45 degree angle
95
 
* Enforce @ 86 dBA
      (3)   Measurement distance. For the purpose of subsection (m)(2) hereof, the standard measurement height shall be four feet and the standard horizontal measurement between distance from the center line of the traffic lane monitored to the sound level meter shall be a minimum of fifteen feet and at least ten feet from any large reflecting surface. Measurement for the purpose of enforcing subsection (m)(2) hereof may be taken at a horizontal distance from the center line of the traffic lane being monitored from twenty- five feet to 100 feet, and the correction factor applied to the limits set forth in Table 2, below.
TABLE 2
Correction Factors
Measurement distance (feet)
Corrections to limits (db)
25
+6
28
+5
32
+4
35
+3
40
+2
45
+1
50
0
56
-1
63
-2
70
-3
80
-4
90
-5
100
-6
 
   (n)   Airport and Aircraft Operations.
      (1)   The Director of Public Service and Development shall consult with the airport proprietor to recommend changes in airport operations to minimize any noise disturbance which the airport owner may have authority to control in its capacity as proprietor.
      (2)   Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable Federal laws or regulations.
         (Ord. 82-17. Passed 6-28-82.)
557.04 MAXIMUM PERMISSIBLE SOUND LEVELS BY ZONING DESIGNATIONS.
   (a)   No person shall operate, or cause to be operated or permit on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth in the zoning area category in Table 3, except as may otherwise be provided in Section 557.03.
TABLE 3
SOUND LEVELS BY ZONING AREAS
 
Zoning designation of
receiving land
Maximum number of
decibels permitted from
8:00 a.m. until 9:00 p.m.
on receiving land
Maximum number of
decibels permitted
from 9:00 p.m. until
8:00 a.m.
Residential
60
50
Commercial
65
65
 
   (b)   The sound level limits set forth in Table 3 shall be exceeded when any one or more of the following occur:
      (1)   The noise at any one point in time exceeds any of the established zone limits in Table 3 by a measured sound level of fifteen dBA; or
      (2)   The noise exceeds any of the established zone limits in Table 3 by a measured sound level of ten dBA for a cumulative total of one minute or more out of any ten minute period; or
      (3)   The noise exceeds any of the established zone limits in Table 3 by a measured sound level of three dBA continually for a period of five minutes, or a total of five minutes out of any ten minute period.
   (c)   For the purposes of this section, noise shall be measured at or beyond the property line of the property on which the noise source is located, and shall be made at least ten feet from any large reflecting surfaces.
   (d)   For any source of sound which emits a pure tone, cyclically varying sound or repetitive impulsive sound, the limits set forth in Table 3 shall be reduced by five dBA.
   (e)   Any noise which occurs on property which is being used in a legally nonconforming manner, and which noise relates to such use, shall be judged as if the property bore a zoning designation under which the use would be conforming.
   (f)   If the zoning designation of the property on which the source of the noise is located differs from the zoning designation of the property on which the noise is measured, the maximum permissible noise level of the more restrictive zoning designation shall apply.
   (g)   Noises such as those of an irregular and intermittent nature shall be restricted as provided herein.
   (h)   The provisions of this section shall not apply to the following:
      (1)   Activities covered by Section 557.03(b), (c) and (d);
      (2)   Refuse collection vehicles operated by the City.
         (Ord. 82-17. Passed 6-28-82.)
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