(a) No person shall recklessly cause inconvenience, annoyance or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
(3) Insulting, taunting or challenging another, under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful and reasonable purpose of the offender.
(b) The following acts, among others, are declared to be loud, disturbing or unnecessary noises, in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place 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 and unreasonable period of time.
The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust, and the use of any such signaling device when traffic is for any reason held up.
(2) Radios, television sets, phonographs and musical instruments. The using, operating or permitting to be played, use or operating of any radio, receiving set, television set, phonograph, musical instrument or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle, or chamber in which such machine or device is operated, and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible by a person in a suite or dwelling outside of the one in which such instrument or device, as enumerated herein, is located, shall be prima-facie evidence of a violation of this section.
(3) Yelling and shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between 11:00 p.m. and 7:00 a.m. or 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 or other type of residence, or of any person in the vicinity.
(4) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom. No attachment or device shall be affixed to the muffler or exhaust of any motor vehicle which permits loud or explosive noise to be discharged into the open air.
(5) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, explosive or other noise.
(6) Loading and unloading vehicles. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening or destruction of bales, boxes, crates or containers. The loading and unloading of any vehicle at any retail, commercial or industrial premises that is located within 300 feet of a residential district except between the hours of 7:00 a.m. and 10:00 p.m.
(7) Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building other than between 7:00 a.m. and 6:00 p.m. Monday through Friday and between 10:00 a.m. and 6:00 p.m. on Saturday, except in case of urgent necessity in the interest of public health, safety and welfare, and then only with a permit from the Chief Building Officer (CBO), which may be granted for a period of three days or less, while the emergency continues and which permit may be renewed for periods of three days or less, while the emergency continues. If the CBO determines that the public health, safety and welfare will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of any street or highway between 6:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(8) Schools and churches. The creation of any excessive noise on any street adjacent to any school, institution of learning or church while the same is in use, which unreasonably interferes with the workings of such institution, provided conspicuous signs are displayed in such streets, indicating that same is a school or church street.
(9) Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(10) Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any person, building or structure.
(11) Pile drivers and hammers. The operation between 7:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance the use of which is attended by loud or unusual noise.
(12) Fans. The operation of any blower, exhaust, air conditioning unit or other type of fan which permits noise to emanate therefrom sufficient to disturb the quiet or repose of persons residing in the surrounding area.
(13) Noisy animals or children. No person in the Municipality, being the owner, keeper or harborer of a dog, horse, mule, cow, sheep, goat, swine, cat, children, goose or other fowl or animal, shall permit the same to bark, yelp, howl, crow or make any noise in such a manner or to such an extent as to disturb the peace and quiet of any person in the Municipality.
(c) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
(d) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of subsection (c) hereof.
(e) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of subsection (c) hereof.
(f) Whoever violates this section is guilty of disorderly conduct, a misdemeanor of the fourth degree. If the offender persists in disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the third degree.
(g) As used in this section, “school”, “school premises” and “school building” have the same meaning as in Ohio R.C. 2925.01.
(Ord. 1999-66. Passed 12-8-99.)