This chapter does not apply to government entities, or their agents or employees while engaged in a proper public service or activity, or to persons holding a valid nuisance trapper’s permit issued by the State of Ohio when such person is registered with the Chief of Police and when taking or exterminating nuisance animals in a lawful manner. It is an affirmative defense to a violation of this chapter that a permit was issued by the City allowing for the activity or event that resulted in the noise being made, if: the noise that is the subject of the violation was reasonable in duration and volume for the type of activity or event being permitted by the City; and, the noise that is the subject of the violation was produced during the prescribed time limits of the permit. It is also an affirmative defense to a violation of this chapter that the noise being made was a bona fide effort to abate a nuisance animal or bird from the producer’s land, evidenced by notification thereof being furnished to the City Police Department in affidavit form prior to the making of the noise, and that the noise made was during daylight hours.
(Ord. 133-02. Passed 12-2-02.)