(a) No person, including but not limited to an owner or persons in possession or control of any building or premises shall permit, allow, operate, generate or cause to be generated within the Municipality any unreasonably loud, disturbing and unnecessary noise or sound of such character, intensity or duration as be detrimental to the life, safety, health and/or peace and quiet of the neighborhood.
(b) It is prima facie unlawful where the sound or noise is audible on private property more than eighty feet from the property line of the property on which the source or sound is located between the hours of 9:00 p.m. and 7:00 a.m., regardless of existing non-conforming use, conditional use, special use, or variances; or on a street, highway, or in the public right-of-way where the sound is audible 100 feet from the device generating the sound.
(c) Loud, disturbing and unnecessary noises in violation of this section shall include but are not limited to the following:
(1) Noisy advertising. No person shall, by sounding a horn, bell, or gong, or by using a phonograph or other instrument for producing or reproducing sounds, or by using loud or boisterous language or by unusual or unreasonable noise whatever, advertise goods, wares, or merchandise for sale, either at auction or in any other manner, or by any such means advertise any show, theater, exhibition, or entertainment to the annoyance and discomfort of persons of ordinary sensibilities.
(2) Noisy machinery. No person shall maintain, run, or operate any steam, gas, or other engine, boiler, press machine, or other apparatus so constructed or operated as to make any excessive noise, to the annoyance and discomfort of persons of ordinary sensibilities.
(3) Noise-producing instruments. The use of any device, apparatus, radio, ticker or other noise-making and noise emitting device for general advertising purposes, or for the purpose of soliciting trade or attracting attention to any wares, goods, merchandise, instrument or device offered for sale is prohibited.
(4) Noise-producing vehicles. No person shall operate on private property or permit to be operated on private property a snowmobile, all purpose vehicle, off-highway motorcycle or other similar vehicle which created such noise, smoke, or dust, as to cause inconvenience, annoyance, or discomfort to any person of ordinary sensibilities. It is prima facie unlawful for a person to operate such vehicles on private property between the hours of 9:00 p.m. and 7:00 a.m.
(5) Sound amplifying devices. No person shall play music, amplifying sound, radio music player, compact disc player, television, audio system or musical instrument in such a manner or at such a volume as to annoy or disturb the peace and quiet, comfort or repose of neighboring inhabitants or to those who said noise is audible more than 100 feet of said sound source having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noises or at a volume which is audible within 100 feet of said sound device.
(6) Hospital and certain dwellings provision. The making of any unnecessary or unseemly noise by a person or by his operation of any instrument, device, agency, or vehicle within 80 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged, or inform, or within 80 feet of any school, courthouse, church or building in which religious services are held during school hours, hours of court or hours of public worship respectively.
(7) Animal noise provision. The harboring or keeping of any dog or animal which, by causing frequent or long continued noise disturbs the peace, enjoyment, comfort and repose of any person in the vicinity, where such noise can be heard outside the property line of the premises at which the dog or animal is kept. Any persons who shall allow any dog or animal to remain, lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog or animal. None of the provisions of this resolution applies to licensed veterinary hospitals, owners, operators or employees of duly licensed kennels or animal boarding establishments and blind persons when a dog serves as a guide or leader.
(d) Exemptions.
(1) Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police are exempted from the prohibitions of subsection (a) through (c) when used for such purposes.
(2) The provisions of subsections (a) through (c) do not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(3) The provisions of subsections (a) through (c) do not apply to the noise made by a horn or other warning device required or permitted by state law.
(4) The provisions of subsections (a) through (c) do not apply to the noises made by the police firing range.
(5) The provisions of subsections (a) through (c) do not apply to the amphitheater located on the north side of the Cuyahoga River provided that proper Zoning permits have been obtained and paid for per Section 163.14(j) of the Munroe Falls Codified Ordinances.
(e) Penalties. Whoever violates subsections (a) through (c) above is guilty of making unlawful noise, a minor misdemeanor. If the offender persists in making unlawful noises after reasonable warning or request to desist, the making of unlawful noises is a misdemeanor of the fourth degree.
(Ord. 08-2006. Passed 7-20-06.)