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(A) Definitions. For purposes of this section, the following terms shall be defined as follows:
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.
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.
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.
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.
(B) No owner or operator of a motor vehicle or person in the physical control of a motor vehicle shall play, cause to be played, or permit to be played, any sound generating or sound amplifying device located within or upon such motor vehicle at such a level, volume, frequency or intensity that the sound emitted from the motor vehicle can be heard by a person of reasonable sensibilities at a distance of 100 feet or more. In emitting such sounds, words or phrases need not be discernable, and the motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(C) 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 by reason of a sound amplifying device, or by the operation of any tools, machinery or equipment under either of the following circumstances:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day, when the sound is audible more than 200 feet from the source of the sound, if it can be heard upon adjacent property, or 200 feet from the property line of the property on which the source of the sound is located, whichever is less. In enforcing this section, the officer shall make a good faith effort to determine the property line without the need to survey the property in question;
(2) On private property in a residentially zoned area, regardless of existing non-conforming uses, conditionally permitted uses or variances, at any time of day, where the sound is audible more than 200 feet from the property on which the source of the sound is located.
(D) 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.
(E) 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)