509.10  UNLAWFUL NOISE; PROHIBITED.
   (a)   It is unlawful for any owner, occupant, agent or person in possession or control of any structure, lot, thing or building, or premises to make, continue or cause to be made or continue 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 sensibilities within the City.  Noise that is audible fifty (50) feet or more from the structure, lot, thing or building, premises or vehicle is prima facie evidence of a violation of this section.
   (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.  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; the creation by means of such signal devices of any unreasonably loud or harsh sounds; and 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 instrument, loudspeaker, tape recorder or other electronic soundproducing 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 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 property 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 noise or disturbances.  Yelling, shouting, hooting 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 time to begin or stop work or as a warning of fire or danger.
      (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)   Noise advertising.  No person shall, by ringing a bell or gong, or by using a phonograph or other instrument for producing or reproducing sounds, or by using loud or boisterous language or by any unusual noise or means whatever, advertise goods, wares or merchandise for sale, or advertise any show, theater, exhibition or entertainment.
      (8)   Noisy machinery.  No person shall maintain, run or operate any steam, gas, gasoline or other engine, boiler, press, machine or other apparatus so constructed or operated as to make any unnecessary noise, to the annoyance or discomfort of the people of the City, except in the course of making an emergency repair.
      (9)   Noise-producing instruments.  The use of any device, apparatus, radio, ticker or other noise-making and noise-emitting device for general advertising purposes, or for the purpose of soliciting trade or attracting attention to any wares, goods, merchandise, instrument or device offered for sale is prohibited.
   (c)   It is prima-facie unlawful 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 11:00 p.m and 8:00 a.m. in a residential area where the sound is audible fifty (50) feet or more from the property line of the property on which the source of the sound is located; or
      (2)   On a street, highway or in the public right of way where the sound is audible twenty-five (25) feet from the device generating the sound.  Persons in possession of a current parade permit, assemblage permit or a current loudspeaker permit are exempt from the provisions of this subparagraph.
      (3)   By conducting an unduly large gathering at a private residence or in a private residential area which generates excessive noise between the hours of 11:00 p.m. and 8:00 a.m.  Noise that is audible fifty (50) feet or more from the property line of the private residence or private residential area is prima facie evidence of a violation of this section.
   (d)   No person being the owner or person in possession of a premises or person in control of the 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 purpose and are in proper working order.
   (f)   Agricultural activities conducted within an agricultural district, as authorized in Ohio 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)   Whoever violates this section is guilty of generating unreasonable noise and a minor misdemeanor.  If the offender persists in generating or permitted to be generated unreasonable noise after reasonable warning or request to desist, he or she is guilty of a misdemeanor of the fourth degree.
   (h)   The emission of noise in an industrial zoned area which complies with the decibel levels specified in the General Performance Standards (Noise) Section 1151.24 of the Supplementary Regulations of the Planning and Zoning Code shall be rebuttably presumed not to be in violation of this Section 509.10
(Ord. 2015-06.  Passed 1-26-15.)