648.09  NOISE.
   (a)    No person shall create, or allow, permit or suffer the creation of, a loud, disturbing and unnecessary noise in the City. As used in this section, the following acts shall be deemed to be loud, disturbing and unnecessary noises, but such enumeration shall not be deemed to be exclusive, namely:
      (1)   Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an  unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
      (2)   Radios, phonographs, etc. The use or operation of any radio receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound in such manner as to:
         A.   Disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is 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; or
         B.   Be plainly audible within a distance of fifty feet from the building, structure or vehicle in which it is located.
      (3)   Loudspeakers, amplifiers for advertising. The use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public.
      (4)    Exhausts.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except  through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
      (5)    Shouting.  The shouting and crying of peddlers, hawkers, vendors and others, which shouting and crying disturb the peace and quiet of the neighborhood.
      (6)    Heavy equipment. The use of heavy earth-moving and construction equipment in close proximity to residential dwellings during the hours of 7:00 p.m. and 7:00 a.m. of the following day. In addition, no operation of heavy earth-moving and construction equipment is permitted on Sundays and the following holidays observed by the City of Pepper Pike: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday immediately after Thanksgiving Day and Christmas Day. The above regulations shall apply except in periods of emergency upon a permit issued pursuant to a resolution of Council.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree. If the offender persists in violating this section, after reasonable warning or request to desist, the offense is a misdemeanor of the third degree. The penalty shall be as provided in Section 698.02.
(Ord. 2005-98.  Passed 10-19-05.)