The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:
(A) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing, of any radio, television, phonograph, drum, musical instrument or similar device which produces or reproduces sound, as follows:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. of the following day in a manner as to create a noise disturbance across a residential or commercial real property line, or at any time to violate the provisions of § 92.06, except for activities granted a variance by the appropriate authority; and
(2) In a manner as to exceed the levels set forth for public space in § 92.06, measured at a distance of at least 50 feet (15 meters) from the device which is operating on a public right-of-way or public space.
(B) Loudspeakers. Operating for any purpose a loudspeaker, public address system or similar device, between the hours of 10:00 p.m. and 7:00 a.m. of the following day so that the sound therefrom creates a noise disturbance across a residential real property line; or at any time violating the provisions of § 92.06, except for any noncommercial activity of public speaking or public assembly, or other activity for which the appropriate authority has granted a variance;
(C) Street sales. Offering for sale, selling or advertising by shouting or by playing or otherwise reproducing and/ or amplifying music, sound or other attention attracting noise within any residential or commercial area or noise-sensitive zone of the township, except by variance issued by the appropriate authority;
(D) Animals and birds. Owning, possessing or harboring any animal or bird which frequently, or for continued duration, howls, barks, meows, squawks, squeals, roars or makes other sounds creating a noise disturbance across a residential or commercial real property line or within a noise-sensitive zone;
(E) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day in a manner as to cause a noise disturbance across a residential real property line; or at anytime to violate the provisions of § 92.06;
(F) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Monday through Saturday, or at any time on Sundays, or on holidays, so that the sounds therefrom create a noise disturbance across a residential or commercial real property line or at any time violates the provisions of § 92.06, except for emergency work of public service utilities or by variance issued by the appropriate authority. This section shall not apply to the use of domestic power tools as specified in division (N) below;
(G) Vehicle, motorboat or aircraft repairs and testing.
(1) Repairing, rebuilding, modifying or testing any motor vehicle, motorboat or aircraft in a manner as to create a noise disturbance across a residential real property line; or to violate the provisions of § 92.06 at any time; and
(2) Nothing in this section shall be so construed as to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which is in all respects conducted in accordance with applicable federal laws or regulations.
(H) Explosives, firearms and similar devices. Using or firing explosives, firearms or similar devices so that the sound therefrom creates a noise disturbance across a real property line, or within a noise-sensitive zone, public space or public right-of-way, without first obtaining a variance issued by the appropriate authority. A variance need not be obtained for licensed game hunting activities on property where activities are authorized;
(I) Powered-model vehicles. Operating or permitting the operation of powered-model vehicles:
(1) Between the hours of 10:00 p.m. or 7:00 a.m. of the following day so as to create a noise disturbance across a residential or commercial real property line; or at any time to violate the provisions of § 92.06; and
(2) In a manner as to exceed the levels set forth for public space land use in § 92.06, when measured at a distance not less than 100 feet (30 meters) from any point on the path of a vehicle operating on public space or public right-of-way.
(J) Stationary non-emergency signaling devices.
(1) Sounding or permitting the sounding of any mechanically, pneumatically and/or electronically generated or amplified signal, from any stationary bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than ten seconds in any hourly period;
(2) Houses of religious worship shall be exempt from the operation of this provision; and
(3) Sound sources covered by this division (J) and not exempted under division (J)(2) above shall be exempted only by a variance issued by the appropriate authority.
(K) Emergency signaling devices.
(1) The intentional sounding, or permitting the sounding, outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device except for emergency purposes or for testing, as provided in division (K)(2) below. However, the following restrictions will apply:
(a) Testing of a stationary emergency signaling device shall not occur between 10:00 p.m. and 7:00 a.m. and shall use only the time needed to test the minimum cycle. In no case shall the test time exceed 60 seconds; and
(b) 1. Testing of the complete emergency signaling system, including the functioning of the signaling device, shall not occur more than once in each calendar month.
2. The testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time limit specified in division (K)(1)(a) above shall not apply to testing of the complete system.
(2) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless the alarm is automatically terminated within 15 minutes of activation.
(L) Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream or other waterway in such manner as to cause a noise disturbance across a residential or commercial real property line; or at any time to violate the provisions of § 92.06.
(M) Noise-sensitive zones.
(1) Creating or causing the creation of any sound within 500 feet of any noise-sensitive zone, so as to exceed the residential land-use levels set forth in § 92.06 when measured at a distance of at least 25 feet (seven and one-half meters) from the sound source, provided that conspicuous signs are displayed indicating a noise-sensitive zone.
(2) Creating or causing the creation of any sound within or adjacent to any noise-sensitive zone containing a hospital, nursing home, school, court or other designated area, so as to interfere with the functions of such activity or annoy the participants in the activity. This is a violation only if conspicuous signs are displayed indicating a noise-sensitive zone.
(N) Domestic power tools.
(1) Operating or permitting the operation of any electronically or mechanically powered saw, sander, drill, grinder, lawn, garden or similar tool, (excepting the normal operation of snow removal equipment), between the hours of 10:00 p.m. and 7:00 a.m. of the following day, so as to create a noise disturbance across a residential or commercial real property line; and
(2) Operating any motor, machinery, or circulation device that is improperly muffled or in poor working order so as to create a noise disturbance.
(O) Multi-family dwellings. Operating or permitting the operation, within a multi-family dwelling of any source of sound in a manner as to exceed a room average sound level of 45 dB(A) from 7:00 a.m. to 10:00 p.m., or 35 dB(A) from 10:00 p.m. to 7:00 a.m., when measured within an adjacent intra-building dwelling and when at least five dB above the interior background noise level of that adjacent unit.
(Prior Code, § VII-5.04)