(A) It is unlawful for any owner, occupant, agent, or persons in possession or control of any structure, lot, thing, building, premises, or vehicle to make, continue, or cause to be made or continued, or permit to be made, any excessive, unnecessary, or unusually loud noise or any noise which disturbs, annoys, injures, or endangers the comfort, repose, or health, peace, or safety of persons of ordinary and reasonable sensibilities within the village.
(B) The following acts, among others, are declared to be loud, disturbing, injurious, and unnecessary and unlawful noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
(1) Horns and signal devices.
(a) The sounding of any horn or signal device on any automobile, motorcycle, bus, or train, or any other vehicle while not in motion, except as a danger signal or to give warning of intent to get into motion, or, if in motion, only as a danger signal after or as brakes are being applied and decelerating of the vehicle has begun;
(b) The creation by means of such signal devices of any unreasonably loud or harsh sounds; and
(c) The sounding of any signal device for any unreasonable or unnecessary period of time.
(2) Radio, stereo, musical instruments. The playing of any radio, stereo, television set, amplified or unamplified musical instruments, loudspeaker, tape recorder, or other electronic sound-producing devices, in such a manner or with such volume at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel, hospital, or other type of residence, or of any persons in the vicinity. The operation of any such set, instrument, phonograph, machine, or device in such a manner as to be plainly audible on a properly or in a dwelling unit, other than that in which it is located, shall be prima facie evidence of a violation of this section;
(3) Loud noises or disturbances. Yelling, shouting, or the making of any other loud noises on the public streets, or the making of any such noise at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel, hospital, or other type of residence, or in any office or of any persons in the vicinity;
(4) Animal noises. The keeping of any animal, which by causing frequent or long continued noise shall disturb the comfort or repose of any person;
(5) Whistle or siren. The blowing of any whistles or sirens, except to give notice of the time to begin or stop work, or as a warning of fire or danger, is prohibited;
(6) Engine exhaust. The discharge into the open air of the exhaust of any engine, or internal combustion engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom;
(7) Noisy machinery. No person shall maintain, run, or operate any steam, natural gas, gasoline, or other engine, boiler, press, machine, or other apparatus so constructed or operated as to make any unnecessary noise, to the annoyance and discomfort of the people of the village, except in the course of making an emergency repair and for weather-necessitated activities; and
(8) Noise-producing instruments. The use of any device, apparatus, radio, ticker, or other noise-making and/or noise-emitting device for general advertising purposes, or for the purpose of soliciting trade or attracting attention to any wares, good, merchandise, instrument, or device offered for sale is prohibited.
(C) It shall be prima facie evidence of unlawful activity for a person to generate, or permit to be generated, sound by the above described devices or instruments in the following circumstances:
(1) On private property between the hours of 9:00 p.m. and 8:00 a.m. of the following day in a residential area where the sound is audible past the property line of the property on which the source of the sound is located;
(2) On a street, highway, or in the public right-of-way where the sound is audible 30 feet from the device generating the sound. Persons in possession of a current parade permit, assemblage permit, or a current loud-speaker permit are exempt form the provisions of this section; and
(3) Conducting an unduly large gathering at a private residence or in a private residential area which generates excessive noise at any time.
(D) No person being the owner, or person in possession or control of a premises, by reason of employment, agency, or otherwise, whether such ownership, possession, or control is exclusive or joint, shall permit a violation of this section.
(E) Warning and alarm devices, which have the purpose of signaling unsafe or dangerous situations or calling for police, are exempted from the prohibitions of this section when used for such purposes and in proper working order.
(F) Agricultural activities conducted within an agricultural district, as authorized in R.C. Chapter 929, shall be exempted from the prohibitions of this section when the activities are not in conflict with federal, state, or local laws, or are conducted in accordance with generally accepted agricultural practices.
(G) Events officially sponsored and/or approved by the village, such as festivals, fireworks, parades, and the like, and events officially sponsored by governmental educational institutions, such as sporting events, marching bands, and the like, shall be exempt from the prohibitions of this section.
(Ord. 545, passed 12-18-2006) Penalty, see § 90.99