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(a) In any industrial or commercial zoning districts inclusive, at no point on the boundary of a residential zoning district shall the sound pressure level of any individual operation or plant, or the combined operation of any person, firm or corporation, exceed the decibel levels in the designated octave bands set forth as follows:
OCTAVE BAND CENTER FREQUENCY HERTZ | MAXIMUM SOUND PRESSURE LEVELS (dB) ALONG DISTRICT BOUNDARY |
31.5 | 72 |
63 | 71 |
125 | 66 |
250 | 60 |
500 | 54 |
1000 | 49 |
2000 | 40 |
4000 | 44 |
8000 | 37 |
A scale levels (for monitoring purposes) | 58 |
(b) Maximum sound pressure levels established in this section to be applied to the boundaries of a lot shall not apply to construction sites.
(Ord. 8176-75. Passed 2-24-75.)
(c) Whoever violates this section is guilty of a minor misdemeanor.
(a) In the event of a lawful or properly authorized work stoppage at any firm, partnership, agency, corporation or municipal subdivision, no person, partnership, agency, firm or corporation, or any officer or agent thereof shall recruit, procure, supply or refer any person for employment in place of an employee involved in such lawful or authorized work stoppage.
(b) No person, partnership, firm, agency, corporation, municipal subdivision or any officer or agent thereof, involved in a labor dispute shall employ any person who customarily and repeatedly offers himself for employment in the place of an employee involved in a lawful or properly authorized labor dispute, nor shall employ any person who is recruited, procured, supplied or referred for employment under circumstances listed in this section.
(c) No person, partnership, firm, agency, corporation or municipal subdivision, or any officer or agent thereof, involved in a lawful or authorized labor dispute shall contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply or refer persons for employment in place of employees involved in such labor dispute nor shall advertise for employees to replace such employees who are involved in such labor dispute.
(d) The exceptions to the provisions of subsections (a), (b) and (c) hereof shall be that any persons may be employed by any person, firm, partnership, agency, corporation or municipal subdivision which is involved in a lawful or authorized labor dispute, if their employment is for the purpose of operating any services which, by the absence of the performance thereof, would endanger the health, welfare or safety of the citizens of the community.
(Ord. 7336-71. Passed 9-20-71.)
(e) The Municipal Court, within three days after service of warrants alleging the violation of any provision of this section, shall hear the matters raised and decide, as soon as practicable thereafter, whether such violations existed.
(Ord. 7437-72. Passed 4-17-72.)
(f) No person, partnership, firm, agency, corporation or union shall picket or employ any person to picket a facility that is involved in a labor dispute or that is on strike unless such person picketing or employed to picket is a member of the bargaining agent or an employee of the facility involved in the labor dispute on strike.
(Ord. 7336-71. Passed 9-20-71.)
(g) Any person, partnership, agency, firm, corporation or any officer or agent thereof violating any provision of this section is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty dollars ($250.00) per day. Each day on which a violation occurs or continues shall constitute a separate offense.
(Ord. 7437-72. Passed 4-17-72.)
(a) As used in this section, “ambient noise level”, “decibel”, “noise nuisance”, “sound level meter” and “sound pressure level” have the same meanings as in Section 509.09(a).
(b) No person shall make, produce, create, cause, continue or permit a noise nuisance by the use of a radio, music player, stereo, television, phonograph, loud speaker system, tape player, disc player, musical instrument, audio system or any other sound-amplifying device or system.
(c) Factors to be considered in determining whether a violation of this section has occurred include, but shall not be limited to, those same factors as in Section 509.09(c).
(d) For purposes of this section, it shall be prima facie unlawful for a person to make, produce, create, cause, continue or permit a sound or noise where or when the sound or noise is audible more than fifty feet from a property line of the property upon which the source of the sound or noise is located or where or when the sound or noise is 15 dBA above the ambient on the receiving property.
(e) A sound level meter may be used to determine whether a violation of this section has occurred.
(f) The provisions of this section shall not apply to: school-related activities or events; parades authorized by the City; concerts or like events in public parks or other public places which are authorized by the City; or any event which has received a valid permit from the City as set forth in Section 311.02 or like ordinance; emergency vehicles when responding to an emergency call or acting in time of emergency; and lawfully scheduled sporting events, parades, fireworks, festivals and concerts.
(g) Whoever violates this section shall be subject to the following penalty:
First Offense | A fine of one hundred dollars ($100.00). |
Second Offense | A fine of two hundred and fifty dollars ($250.00). |
Third Offense and Thereafter | A fine of five hundred dollars ($500.00) and a minimum of three days in jail, up to a maximum of thirty days in jail. |
If the violation occurred between the hours of 9:00 p.m. and 7:00 a.m., however, the aforedescribed monetary fine in this subsection (g) shall be doubled.
A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(h) In any violation of this section, the equipment or device used in the commission of the violation may be subject to seizure and forfeiture in accordance with law.
(Ord. 11983/06. Passed 9-13-06.)
(a) No person shall play any radio, music player or an audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible at a distance of fifty feet from such vehicle.
(Ord. 10309/91. Passed 10-23-91.)
(b) Whoever violates this section shall be subject to the following penalty:
First Offense | A fine of two hundred dollars ($200.00); |
Second Offense | A fine of up to four hundred dollars ($400.00); |
Third Offense and thereafter | A fine of up to six hundred dollars ($600.00). |
(Ord. 11174/98. Passed 5-13-98.)
(c) Upon conviction for a violation of this section, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.
(Ord. 10309/91. Passed 10-23-91.)
(a) Definition. For purposes of this section, “loitering” and “loiter” mean remaining idly in essentially one location and includes the colloquial expression “hanging around”.
(b) No person shall loiter in a public place and do any of the following:
(1) Breach the peace; or create a disturbance or unreasonable annoyance to the comfort and repose of any person;
(2) Obstruct the free passage of pedestrians or vehicles;
(3) Obstruct, molest or physically interfere with any person;
(4) Engage in conduct which creates an unreasonable risk of physical harm, including making remarks of an offensive, disgusting or insulting nature to another person;
(5) Solicit others for the purpose of engaging in illicit sexual conduct.
(c) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree.
(d) Whenever any police officer has reasonable grounds to believe that any person loitering in any public place is likely to cause any of the conditions enumerated in subsection (b) hereof, the police officer may order that person to leave that place in order to preserve the public peace and safety. Any person who refuses to leave a public place after being ordered to do so by a police officer in accordance with the preceding sentence is guilty of a minor misdemeanor.
(Ord. 10950/96. Passed 9-25-96.)
(Ord. 10950/96. Passed 9-25-96.)
(a) No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:
(1) The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.
(2) Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.
(b) Subsection (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of subsection (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code or both sections.
(c) Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.
(d) As used in this section, “emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (ORC 2917.14)