509.11  GENERAL NOISE DISTURBANCES.
    (a)   Prohibited Acts Generally.  It shall be unlawful for any person to recklessly make, continue, or cause to be made or continued any excessive, unnecessary or unusual loud noise or any noise of such character, intensity or duration which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Village.
   (b)   Prohibited Acts Specifically.  The following acts, among others, are declared to be loud, disturbing or unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
      (1)   Horns, signaling devices, etc.  The sound of any horn or signaling device on any automobile, motorcycle, or other vehicle, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary or unreasonable period of time.  The use of any horn, whistle or other device operated by engine exhaust.
      (2)   Radios, phonographs, etc.  The using, operating, or permitting to be played, used or operated in residential areas any television, radio receiving set, musical instrument, phonograph, loudspeaker, loudspeaker system, or other machine or device for the producing or reproducing of sound in such manner as to be audible at a distance of fifty (50) feet or more from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
      (3)   Yelling and shouting.  Yelling and shouting or otherwise creating loud noise on the public streets, particularly between the hours of 10:00 p.m. and 6:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence.
      (4)   Animals.  The keeping any animal or bird which, by causing frequent or long continued noise disturbs the comfort and repose of any person in the vicinity, where such noise can be distinctly heard outside the property line of the premises at which the animal or bird is kept.
      (5)   Loading and unloading of vehicles.  The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers in an area zoned residential between the hours of 10:00 p.m. and 6:00 a.m.
      (6)   Construction or repairing of buildings.  The erection (including excavation), demolition, alteration or repair of any building shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m., local prevailing time, except in case of urgent necessity in the interest of public health and safety.
      (7)   Pile drivers, hammers, etc.  The operation between the hours of 10:00 p.m. and 6:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is usually attended by loud or unusual noise.
      (8)   Power lawn mowers or power tools.  The operation of any power mower, cultivator, or like or related device (except snow blowers) or power tools in an area zoned residential between the hours of 10:00 p.m. and 6:00 a.m.
   (c)   Exceptions.  The following uses and activities shall be exempted from this section:
      (1)   Noises of safety signals, warning devices, and emergency pressure relief valves.
      (2)   Noises resulting from any authorized emergency vehicle, when responding to an emergency.
      (3)   Noises resulting from work authorized by government authority or emergency work authorized by utility companies.
      (4)   School yards and organized school activities.
      (5)   Houses of religious worship.
      (6)   Parades, outdoor gatherings, and public events approved by the Mayor.
   (d)   Penalty.  Whatsoever violates this section on a first offense is guilty of a minor misdemeanor and shall be fined one hundred dollars ($100.00), which fine shall not be suspended, waived, or otherwise reduced.  On a second or subsequent offense, if less than twelve (12) months have elapsed since the last offense of this section, a person is guilty of a misdemeanor of the fourth degree and upon conviction thereof shall be fined two hundred fifty dollars ($250.00), which fine shall not be suspended, waived, or otherwise reduced and any equipment or device used in the commission of a violation of this section is hereby declared to be contraband and may be seized and disposed of in accordance with Ohio R.C. 2933.43.  On a third offense, if less than twelve (12) months have elapsed since the last offense of this section, a person is guilty of a misdemeanor of the third degree and upon conviction thereof, shall be fined five hundred dollars ($500.00), which fine shall not be suspended, waived, or otherwise reduced and any equipment or device used in the commission of a violation of this section is hereby declared to be contraband and may be seized and disposed of in accordance with Ohio R.C. 2933.43.  Each day upon which a violation occurs or continues shall be a separate offense and punishable as such.
(Ord. 2001-16.  Passed 8-27-01.)