(a) Sound Violations. No person shall make, generate, permit or continue, or cause to be made, generated, permitted or continued any noise or noise disturbance by any means, including but not limited to, a radio, phonograph, disc player, television, video or audio tape player, public address system, bull horn, loudspeaker, or any other device designed and/or utilized for the purpose of producing amplified sound, or producing and/or amplifying sound, used to produce sound exceeding the limitations described below:
(1) A. It is and shall be prima facie evidence of a violation of this section for any person to generate or permit the generation of sound in the Village which exceeds 80 dBA or 82 dBC.
B. Maximum permissible sound levels on receiving property. No person shall make or cause or permit to be made or cause any noise or noise disturbance, including, but not limited to, music originating from or in connection with the operation of any commercial establishment or enterprise, when the level of sound attributed to such noise or noise disturbance on a receiving property containing a dwelling unit is in excess of the following maximum permissible sound limits:
Maximum Permissible Sound Limits dBA and dBC | ||
Times | Sound Level Limits | |
10:00 a.m. to 10:00 p.m. Sunday-Thursday | 65 dBA | 70 dBC |
10:00 p.m. to 10:00 a.m. Sunday-Thursday | 60 dBA | 65 dBC |
10:00 a.m. to 1:00 a.m. Friday & Saturday | 65 dBA | 70 dBC |
1:00 a.m. to 10:00 a.m. Friday & Saturday | 65 dBA | 60 dBC |
as measured with a sound level meter. The sound meter reading for purposes of this section shall be measured within the boundaries of the receiving property containing a dwelling unit at a location within 20 feet of the dwelling unit, or within the dwelling unit with the consent of the occupant. When instrumentation cannot be placed within either of these boundaries, the measurement shall be made as close thereto as is reasonable. However, for purposes of this division, the receiving property containing a dwelling unit may not be on the same real property as the source of the noise or noise disturbance being measured, or on real property owned by the person making, generating, or continuing the noise or noise disturbance being measured.
C. When amplified sound from a motor vehicle, boat or watercraft is plainly audible from a distance greater than 100 feet.
(2) As used in this section “person” has the same meaning as set forth in Section 606.01 of the codified ordinances, and in addition thereto includes owners, lessors, lessees, managers, or other persons responsible for the management of a public or private business premises, by reason of employment, agency, or other relationship status, whether such ownership, possession, or control is exclusive, joint, or several; any performer or disc jockey producing sound upon any business premises, any person playing music, any person having control of the volume knobs or levels of sound amplifying equipment or sound reproduction device, and the business as named on the business license of the premises, shall be responsible for compliance and shall be responsible for any violations or this chapter.
(3) The sound level meter to be used to determine the decibel level shall be a sound level meter that measures sound and conforms to ANSI S1.4-1983, or its successor publications. Readings shall be taken on the A scale and Slow Response, or “C” weighting scale and Slow Response, as specified in this section for the specific sound source being investigated.
(b) Determination of Decibel Levels.
(1) The reading to be used to determine the decibel level shall be measured on the “A” or the “C” scale, slow response, as specified in this chapter for the specific sound source being investigated.
(2) The determination of whether the sound is above the decibel level established by this section shall be determined by the following procedure:
A. Two sound meter measurements shall be taken within a two minute period with each reading being at least five seconds in duration. The measurements shall be taken at or beyond the real property line of the sound source under investigation, or from the public right-of-way adjacent to the sound source under investigation. If the sound source under investigation is coming from a boat/watercraft moored at a dock, the measurement is to be made, if possible, on the dock at a distance of not less than 15 feet from the boat/watercraft on which the sound source is located, or at the public right-of-way providing access to the dock.
B. If any sound level meter reading exceeds the allowed decibel limitations established by this section and the test has been performed in accordance with division (c) of this section, the test results shall be prima facie evidence a violation has occurred.
(c) Use and Operation of the Sound Meter. The above described sound level meter shall be calibrated and cared for as follows:
(1) A sound level test shall be conducted in accordance with the manufacturer’s specifications pertaining to the specific sound level meter used; and
(2) Only Village police officers or Village sound enforcement officers trained in the use of the sound meter shall be competent to take such readings.
(d) Warning Sirens and Alarm Devices. Warning sounds and alarm devices which are designed and utilized to signal unsafe or dangerous situations, to call for or summon police or emergency personnel, or which are utilized by appropriate law enforcement or emergency vehicles and their occupants in pursuit of their duties and responsibilities are exempted from the prohibitions of this section.
(e) Special Events. Noise and sound associated with a special event for which a permit has been granted pursuant to Chapter 810
of the Village Codified Ordinances are subject to the provisions of Section 648.10
and 648.101
, including the maximum permissible sound limits established in Section 648.11
(a).
(f) Other Exceptions. The prohibitions contained in this section shall not apply to the following:
(1) Sound levels produced from tools and equipment in commercial construction, demolition, drilling, or reasonably similar activities, however, such sound levels are limited to the hours of 8:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., on Saturday and Sunday. The tools and equipment must be muffled and maintained equal to the functional standards of the industry;
(2) Sound levels produced from any hand powered or mechanically powered saw, sander, drill, grinder, lawn/garden tool or reasonably similar tools, provided however, the sound producing use must conform to industry standards for the equipment and must occur only between the hours of 8:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday only;
(3) Noise levels for industrial equipment, including but not limited to air conditioners, generators, and pool pumps, must be set to reasonable industry standards for properly maintained equipment
; and
(4) Between the hours of 8:00 a.m. and 7:00 p.m., Sunday through Saturday, bells, chimes, or carillons shall not operate in excess of the permitted noise levels set forth in Section 648.11(a)(1) for more than three minutes in any one hour period. between the hours of 7:00 p.m. and 8:00 a.m., bells, chimes, or carillons shall be subject to the provisions of this section.
(g) Organizational Liability. Organizational liability as set forth in the Codified Ordinances of the Village, Section 698.04, shall be applied to violations of this section. If a State of Ohio liquor permit premises is the location of three or more convictions for violations of this section within a calendar year period defined as being January 1 to December 31 of any year, Village Council may determine to send a letter of Complaint to the State of Ohio Division of Liquor Control concerning the renewal of any liquor permit for the permit premises.
(h) Penalties.
(1) Whoever violates this section is guilty of generating unreasonable noise, the first offense of which shall be a minor misdemeanor. Each and every subsequent violation within a calendar year of the first violation shall be a misdemeanor in the fourth degree. Any continuing violation of this section which continues after a law enforcement officer has informed the violating party of such violation shall be a misdemeanor in the fourth degree for every 15-minute interval in which the unreasonable noise continues.
(2) If within a calendar year period defined as being January 1 to December 31 of any year, an owner, manager or other person in control of the source of the noise or sound is convicted under this section of three violations of this section, defined as meaning conviction of one minor misdemeanor and two misdemeanors of the fourth degree, relating to the same business location, the business license for that location may be revoked by action of Council.
(Ord. 805-01. Passed 11-8-01; Ord. 890-06. Passed 7-20-06; Ord. 935-08. Passed 6-2-08; Ord. 1025-11. Passed 6-13-11; Ord. 1032-11. Passed 1-9-12; Ord. 1096-14. Passed 7-11-14; Ord. 1112-15. Passed 6-8-15; Ord. 1161-17. Passed 8-14-17; Ord. 1189-18. Passed 5-2-18.)