509.08 EMERGENCY CURFEW.

   (a)   The Mayor or City Manager may declare a state of emergency within the City upon determining that property, real or personal, whether it be public or private, is in danger of being damaged or destroyed; or that the health, safety and welfare of the inhabitants of the City is in jeopardy; or that gatherings of rioters, protesters or demonstrators constitute a threat to the peace, quiet, and good order of the City.

   (b)   At such time that a state of emergency is declared and until time as the emergency is declared at an end, curfew shall prevail within the City between the hours of 9:00 p.m. and 6:00 a.m.

   (c)   During the time that the curfew is in effect, no person shall loiter upon the streets, avenues, parks or other public place within the City and no person shall be upon the streets, avenues, alleys, parks or other public place within the City without being able to show just cause and to give a reasonable account of himself.

   (d)   All bars, taverns, restaurants, filling stations and other business establishments shall be closed during the hours of the curfew.

   (e)   Whoever violates this section is guilty of a minor misdemeanor.

509.09 UNNECESSARY NOISE.

   (a)    Definitions. For the purpose of Section 509.09 to 509.12, the following terms, phrases, words and their derivation shall have meanings as follows:

      (1)    "Person" means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality.

      (2)    "Traffic noise" means sound made by a motor vehicle operated either on a public right of way or private property.

      (3)    "Modified exhaust system" means an exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased.
(Ord. 2550. Passed 11-4-97.)

509.10 NOISE RESTRICTIONS.

     (a) No person shall:

      (1)   Exhausts, Muffler Systems and Squealing. Operate a motor vehicle which causes excessive noise levels, as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, de-acceleration, revving or tire squealing.

      (2)    Sound Amplifying Equipment. Operate a motor vehicle on a street or highway if the sound from any sound amplifying equipment located inside of, outside of but attached to, or held by a person inside, the motor vehicle, is discernible at a distance of twenty-five feet or more from the vehicle.

      (3)   Horns and Signaling Devices. Sound any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning.

      (4)   Televisions, Radios, Electronic Sound Devices, Electronic Music Devices, and Musical and Sound Instruments. Use, operate or permit to be played, used or operated any television, radio receiving set, musical instrument, electronic sound device, electronic music device, 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 reasonably necessary for convenient hearing for the person or 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 radio set, musical instrument, or other machine or sound device in such a manner as to be plainly audible at a distance of twenty-five feet from the vehicle or at a distance of twenty-five feet from the lot upon which the building or structure is located shall be a violation of this section.

      (5)   Advertising. Use, operate, or permit to be played, used or operated any radio receiving set, musical instrument, loudspeaker, sound amplifier, or other machine or sound 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 building or structure, except as provided in Section 509.11.

      (6)   Defects in Vehicle or Load. Use any automobile, motorcycle, or vehicle so out of repair, so loaded or used in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.

      (7)   Blower and Fans. Operate any noise-creating blower or power fan or an internal combustion engine, the operation of which causes noise due to the explosion of operating gasses or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device designed for and sufficient to deaden such noise.

      (8)   Construction Equipment. Operate any pile driver, pneumatic hammer, derrick, hoist, chain saw or other appliance, or construction equipment, the use of which is attended by loud and unusual noise other than between the hours of 7:00 a.m. and 11:00 p.m. on weekdays or between the hours of 9 a.m. and 6:00 p.m. on weekends or national holidays.

      (9)   Yelling, Shouting and Singing. Yell, shout, hoot, whistle, or sing in the public right-of-way between the hours of 11:00 p.m. and 7:00 a.m.; on private property between the hours of 11:00 p.m. and 7:00 a.m. so as to be plainly audible at a distance of twenty-five (25) feet from the lot upon which the building or structure is located; or at any time so as to annoy or disturb the quiet, comfort, or repose of any person in any office or in any dwelling, hotel, or other type of residence.

      (10)   Animals. Keep any animal which, by causing frequent or loud continued noise, shall disturb the quiet, comfort or repose of any person in the vicinity.

      (11)   Construction or Repair. Erect (including excavating), demolish, alter, or repair any building other than between the hours of 7:00 a.m. and 11:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends and national holidays, except in case of emergency in the interest of public health and safety, and then only with a permit from the City Engineer, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. If the City Engineer determines that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways between the hours of 11:00 p.m. and 7:00 a.m. on weekdays or 6:00 p.m. and 9:00 a.m. on weekends and national holidays, and the City Engineer further determines that loss or inconvenience would not result to any party in interest, the City Engineer may grant permission for that work to be done between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on weekends and national holidays upon application being made at the time the permit for the work is awarded or during the progress of the work.

      (12)   Excessive Noise Adjacent to Schools, Courts, Churches, Hospitals. Create any excessive noise on any street adjacent to any school, church, or court of law while the same are in use, or adjacent to any hospital, which noise unreasonably interferes with the working of that institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in those streets indicating that the same is a school, church, court of law or hospital.

      (13)   Performance or Show. Use any drum or other instrument or device for the purpose of attracting attention to any performance, show, or sale by the creation of noise.
(Ord. 3129. Passed 10-19-10.)

509.11 EXCEPTIONS TO NOISE RESTRICTIONS.

   This section does not apply to any of the following circumstances:

   (a)   The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle operating, or traffic safety condition.

   (b)   The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run.

   (c)   The motor vehicle is owned and operated by the state, a political subdivision, or a public utility.

   (d)   The motor vehicle is participating in a parade or public event for which the sponsors of the parade have obtained the proper permits.

   (e)   The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal or state law.

   (f)   Vendors of ice cream and related products between the hours of 9:00 a.m. and 8:00 p.m.

   (g)   Noises resulting from authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have the approval of the City of Oxford, Ohio.
(Ord. 2550. Passed 11-4-97.)

509.12 NOISE VIOLATION.

   (a)    If the sound alleged to be a violation of Section 509.10 provisions exceeds 55 dbA at any time between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday, or exceeds 55 dbA between the hours of 12:00 midnight and 7:00 a.m. Friday and Saturday, or exceeds 70 dbA at other times, the same shall constitute prima facie evidence of a violation of this section provided such sound is measured with a sound level meter operated at a distance of 25 feet beyond a property line of the lot or a distance of 25 feet beyond a vehicle from which such source of sound is located or the sound is emitted.

   (b)    Organizational liability as set forth in Oxford Code Section 501.11 shall be applied to violations of this section.
(Ord. 2550. Passed 11-4-97.)

509.13 NUISANCE PARTY REGULATIONS.

   (a)   Nuisance Party Defined. A social gathering or party which is conducted on premises within the City and which, by reason of the conduct of the persons in attendance, results in any one or more of the following conditions or events occurring at the site of the said party or social gathering, or on neighboring public or private property: disorderly conduct; illegal open container; outdoor urination or defecation in a public place; unlawful sale, furnishing, dispensing or consumption of beer or intoxicating liquor; sale or furnishing of beer or intoxicating liquor to an underage person; possession or consumption of beer or intoxicating liquor by an underage person; illegal use of a controlled substance; public indecency; unlawful deposit of litter or refuse; the damage or destruction of property without the consent of the property owner; unlawful pedestrian or vehicular traffic; standing or parking of vehicles that obstructs the free flow of traffic on the public streets and sidewalks or that impedes the ability to render emergency services; unlawfully loud noise; or any other conduct or condition that threatens injury, inconvenience, or alarm to persons or damage to property which is hereby declared to be an unlawful public nuisance.

   (b)   Duty to Control Premises. Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any premises, who either sponsors, conducts, hosts, invites, or permits a social gathering or party on said premises which is or becomes a nuisance party, as defined in part (a) of this Section, and which nuisance is either the intentional result of, or within the reasonable expectations of, the person or persons having such possessory control is deemed to be in violation of this Section.

   (c)   Order to Cease and Disperse. A party or social gathering that is or becomes a nuisance party, as defined in part (a) of this Section, shall cease upon the order of the Police Chief, or the Police Chief’s designee; and all persons not residing therein at the site of such social gathering or party shall leave the premises immediately. Any person who fails or refuses to obey and abide by such an order shall be guilty of a violation of this section.

   (d)   Penalty. Whoever violates this section is guilty of a minor misdemeanor; for a second offense committed within eighteen (18) months after the commission of the first offense, the person shall be guilty of a fourth degree misdemeanor.

(Ord. 2777. Passed 2-18-03.)

509.14 IMPEDING PUBLIC PASSAGE OF AN EMERGENCY SERVICE RESPONDER.

   (a)   No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:

      (1)   The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.

      (2)   Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.

   (b)   Subsection (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of subsection (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code or both sections.

   (c)   Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.

   (d)   As used in this section, “emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (ORC 2917.14)