This section is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet for the citizens of the City through the reduction, control, and prevention of noise. Unamplified, non-commercial public speaking and public assembly activities conducted at conversational voice levels on any public property or public right-of-way shall be exempt from the operation of this article if such sound is not plainly audible beyond fifty (50) feet or does not infringe on the legitimate rights of others.
(a) Unlawful Noise - Prohibited. It is unlawful for any owner, occupant, agent or persons in possession or control of any structure, lot, thing or building, premises, or vehicle to make, continue or cause to be made or continued, or permit to be made, any excessive, unnecessary, or unusually loud noise or any noise which disturbs, annoys, injures or endangers the comfort, repose or health, peace or safety of persons of ordinary sensibilities within the City.
(b) Unlawful Noise - Enumerated. The following acts, among others, are declared to be loud, disturbing, injurious and unnecessary and unlawful noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
(1) Horns and Signal Devices. The sounding of any horn or signal device on any vehicle, truck, motorcycle, bus or train, or any other vehicle while not in motion, except as a danger signal or to give warning of intent to get into motion, or, if in motion, only as a danger signal after or as brakes are being applied and decelerating of the vehicle has begun; the creation by means of such signal devices of any unreasonably loud or harsh sounds; and the sounding of any signal device for any unreasonable or unnecessary period of time.
(2) Radio, Stereo, Musical Instruments. The playing of any radio, stereo, television set, amplified or unamplified musical instruments, loudspeaker, public address systems or other sound-producing devices, in such a manner or with such volume at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel, hospital or other type of residence, or of any persons in the vicinity. The operation of any such equipment or device in such a manner as to be plainly audible on a property or in a dwelling unit other than where it is located, shall be prima facie evidence of a violation of this section.
(3) Loud Noises or Disturbances. Yelling, shouting, hooting or the making of any other loud noises on the public streets, or the making of any such noise at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel, hospital or other type of residence, or in any office or of any persons in the vicinity.
(4) Animal Noises. The keeping of any animal, which by causing frequent or long continued noise shall disturb the comfort or repose of any person.
(5) Whistle or Siren. The blowing of any whistles or sirens, except for emergency vehicles or, to give notice of the time to begin or stop work or, as a warning of fire or other danger.
(6) Engine Exhaust (aka, "Jake Brake"). The discharge into the open air of the exhaust of any engine, or internal combustion engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
(7) Noisy Advertising. No person shall, by ringing a bell or gong, or by using amplified equipment or other instrument for producing or reproducing sounds, or by using loud or boisterous language or by any unusual noise or means whatever, advertise goods, wares, or merchandise for sale, or advertise any show, theater, exhibition, or entertainment.
(8) Noisy Machinery. No person shall maintain, run, or operate any steam, gas, gasoline, or other engine, boiler, press, machine, or other apparatus so constructed or operated as to make any unnecessary noise, to the annoyance and discomfort of the people of the City, except in the course of making an emergency repair, and for weather necessitated activities such as snow removal equipment.
(9) Construction Equipment and Activities. No person shall operate, or cause to be operated, any construction equipment nor conduct any construction activities, including without limitation, preparation activities, job site deliveries and job site pick-ups, on weekdays between the hours of 9:00 p.m. and 7:00 a.m.
(10) Trash Collection Equipment and Activities. No person shall operate any trash collection or pick-ups, on weekdays between the hours of 9:00 p.m. and 7:00 a.m.
(c) Sound Generated by Devices or Instruments. It is prima facie unlawful for a person to generate or permit to be generated sound by the above-described devices or instruments in the following circumstances:
(1) On private property between the hours of 10:00 p.m. and 7:00 a.m. of the following day in a residential area where the sound is plainly audible past 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 plainly audible fifty (50) feet from the device generating the sound. Persons in possession of a current City of Fostoria parade permit are exempt from the provisions of this subparagraph.
(3) By conducting a gathering at a private residence or in a private residential area which generates excessive noise at any time. Reference Section 509.09 Nuisance Party Regulations.
(d) Warning and Alarm Devices. Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police are exempted from the prohibitions of this section when used for such purposes and are in proper working order.
(e) Exemptions. Events officially sponsored and/or permitted and approved by the City of Fostoria, such as festivals, fireworks, parades, etc., activities that are essential to the proper performance work-related duties of the officers and employees of the City, and events official sponsored by governmental educational institutions and the Fostoria Board of Education such as sporting events, marching bands, etc., shall be exempt from the prohibitions of this section.
(f) Penalty. Whoever violates any provision of this section is guilty of a minor
misdemeanor. (Ord. 2021-38. Passed 7-6-21.)