(A) Definitions. For purposes of this section, the following terms shall be defined as follows:
CONSTRUCTION WORK. Any type of work which requires a building and/or zoning permit.
MOTOR VEHICLE. Includes not only motor vehicles, but also emergency vehicles, public safety vehicles, school buses, commercial tractor, agricultural tractor, truck, bus and trailer as defined in R.C. § 4511.01 or its successor.
PERSON. The owner, operator of a motor vehicle, person in possession of premises, person in control of premises by reason of employment, agency or otherwise, whether such ownership, possession or control is exclusive or joint, or person operating or otherwise in control or possession of a sound generating or amplifying device or other tool or instrument producing the sound or noise in question.
SOUND. Any kind or type of humanly audible stimulus, and with respect to musical sound, shall include not only the vocalized word, but shall include the musical treble and bass components of such music and the audible response produced by either of these components.
SOUND GENERATING or SOUND AMPLIFYING DEVICE. Any radio, television, phonograph, tape player, record player, loud speaker, stereo system speaker, music player, digital tape player, disc player, audio system, musical instrument, or any machine or device which produces sound received through or from any form of broadcast, or any form of machine or device which reproduces sound which is recorded on any medium.
(B) No person shall generate or permit to be generated unreasonable noise or loud sound that is likely to cause inconvenience or annoyance to persons of ordinary sensibilities. A noise or sound shall be presumed to be unreasonable and/or too loud and likely to cause inconvenience and annoyance to persons of ordinary sensibilities under the following circumstances:
(1) Noise generated from any construction work on a property within the city, whether residential or commercial, outside of the hours of 7:00 a.m. to 9:00 p.m., Monday through Friday, and the hours of 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(2) A noise or sound which can be measured at a level of 70 decibels (dBs) or higher at a location of 200 feet or more from any property line of the property from which the sound originates between the hours of 7:00 a.m. and 11:00 p.m. daily.
(3) A sound which can be measured at a level of 60 dBs or higher at a location of 200 feet or more from any property line of the property from which the sound originates between the hours of 11:00 p.m. and 7:00 a.m. the following morning.
(4) Sound generated or sound amplified from, or from within, a motor vehicle at such a level that the sound emitted from the motor vehicle can be measured to exceed 70 dBs during the hours of 7:00 a.m. until 11:00 p.m., or measured to exceed 60 dBs during the hours of 11:00 p.m. until 7:00 a.m. the following morning when measured at a distance of 100 feet from the motor vehicle from which the sound is emitted. These standards apply whether the vehicle is stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway within the city.
(C) The following uses and activities shall be exempt from the noise level regulation set forth herein:
(1) Noises of warning and alarm devices, safety signals and emergency pressure relief valves;
(2) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(3) Noises resulting from any work made necessary to restore property to a safe condition, or work required to protect persons or property from an imminent exposure to danger;
(4) Any other noise resulting from activities of a temporary duration permitted by law or for which a license or permit therefore has been granted by the city;
(5) Noises resulting from the normal use of churches, schools, athletic fields, parks and auditoriums;
(6) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction; and
(7) Noises resulting from excavations, installation or repairs of public utilities, bridges, streets or highway by or on behalf of a public utility, the city, county or state when public health, safety, welfare and convenience renders it impractical to perform such work during the hours of the day outlined in division (B) above for construction work.
(D) Whoever violates this section is guilty of generating an unreasonable noise, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise, after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree. On a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree. On each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree.
(Ord. 7-1995, passed 3-1-95; Am. Ord. 19-1999, passed 9-1-99; Am. Ord. 2, 2021, passed 3-3-21)