Notwithstanding the provisions of Table I and the exceptions above, the following standards shall apply to the activities or sources of sound set forth below:
(a) Non-commercial or non-industrial power tools and landscaping and yard maintenance equipment shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Table I. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Table I do not apply to non- commercial or non-industrial power tools and landscaping and yard maintenance equipment.
(b) Commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless such activities can meet the limits set forth in Table I. In addition, commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, utilized on commercial or industrial property shall meet the limits set forth in Table I between the hours of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Table I do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment;
(c) Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays, unless such activities can meet the limits set forth in Table I. All motorized equipment used in construction and demolition activity shall be operated with a muffler. At all other times, the limits set forth in Table I do not apply to construction and demolition activities;
(d) An exterior burglar alarm of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five (5) minutes for continuous airborne sound and fifteen (15) minutes for impulsive sound after it has been activated. At all times, the limits set forth in Table I do not apply;
(e) Domesticated or caged non-farm animals may not bark, squeal, crow, howl, or make any other such noises for more than five (5) minutes if continuous or more than fifteen (15) minutes if intermittent. At all times, the limits set forth in Table I do not apply;
(f) Personal or commercial vehicular music amplification or reproduction equipment, including but not limited to vehicles referred to as “boom cars” or “broadcast vehicles”, shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the equipment at any time.
(1) Certified police officers, after observing a violation of this section, are authorized to seize any sound amplification system which is readily removable and if not, to seize the motor vehicle containing the sound amplification system operated in violation of this chapter, and keep such system and/or motor vehicle as evidence pending the final disposition of any criminal complaint filed pursuant to this section and a Judgment of Forfeiture pursuant to the Ohio Revised Code, Sections 2933.41 through 2933.43.
(2) If a criminal complaint is filed pursuant to this chapter, any vehicle seized pursuant to Section 519.10(f)(1) shall only be released prior to a final disposition of the criminal complaint pursuant to the following procedure:
The owner of the vehicle or a family or household member of the owner of the vehicle, if different from the person charged with a violation of this chapter, shall file a motion with the Court if it is alleged that the seizure and retention of the motor vehicle will cause a hardship on the movant. The Court, upon the filing of such a motion, shall notify the arresting officer and prosecutor and shall conduct a hearing to determine, by a preponderance of the evidence, that an undue hardship would be caused to the movant. The Court shall, at the conclusion of the hearing, either order the motor vehicle to be retained as evidence pending the final disposition of the criminal charge or order the motor vehicle released to the movant after all costs of seizure and storage of the motor vehicle have been paid by movant. No motion shall be granted by the Court if the movant knew or should have known that the motor vehicle was used, involved, or likely to be used in the conduct alleged to be a violation of this chapter or that the movant expressly or impliedly consented to the use of the motor vehicle in the conduct alleged to be a violation of this chapter. No motion shall be granted by the Court by virtue of the existence of a lease agreement concerning the vehicle seized, unless subsequent to the hearing provided for herein, the Court finds by a preponderance of the evidence that an undue hardship would be caused to movant.
(g) Self-contained, portable, hand-held music or sound amplification or reproduction equipment, including but not limited to devices referred to as “boom boxes”, radios, stereos, or any similar device, shall not be operated on public property or a public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the equipment between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator.
(h) Snow removal from commercial or industrial property by any internal combustion device is permitted at all times if the snow removal equipment has a properly functioning muffler, except as follows on commercial or industrial facilities within 500 feet of any residential property. Between the hours of 10:00 p.m. and 6:00 a.m. snow removal is limited to:
(1) A direct path between the public right-of-way and the place of business.
(2) A direct path between fire hydrants and the place of business.
(3) Employee parking only, clearing only the number of stalls necessary to accommodate employees for any shifts completed or begun between 10:00 p.m. and 8:00 a.m.
(4) Customer parking only for facilities engaged in sales between 10:00 p.m. and 8:00 a.m. If these parking stalls are within 500 feet of a residential property line, only 20 stalls may be cleared, and they must be located as far from the residential property line as is possible on the commercial property. Any parking stall more than 500 feet from a residential property line may be cleared.
(i) Snow removal from public rights-of-way, including side walks, whether abutting residential, commercial, industrial or public property is permitted at all times with a properly muffled snow blower, snow thrower, or street legal vehicle or lawn equipment with attached snow plow. At all times the limits set forth in Table I do not apply. (Ord. 03-089. Passed 4-14-03.)