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HomeMy WebLinkAboutOrdinance 01-26RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 01-26 Ordinance No. Passed AMENDMENTS TO SECTIONS 72.021, 132.03, 153.076 AND ADDING SECTION 72.022 TO CHAPTER 72 OF THE DUBLIN CODIFIED ORDINANCES TO ADDRESS VEHICULAR AND ENVIRONMENTAL NOISE WHEREAS, the City of Dublin recognizes ongoing community concerns related to vehicular and environmental noise, and WHEREAS, it is periodically necessary to amend Dublin’s Code to protect the health, Safety and welfare of the citizens of the City of Dublin, and WHEREAS, the City of Dublin Code needs to be updated to establish clear and objective baseline noise thresholds and strengthen regulatory tools in accordance with current conditions and community expectations, and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ___(y_ of its elected members concurring, that: Section 1. Sections 72.021, 132.03, and 153.076 of the Codified Ordinances of the City of Dublin are hereby amended, and Section 72.022 is hereby added to Chapter 72, all as set forth in the attachments to this Ordinance. Section 2. This ordinance shall be effective on the earliest date permitted by law. Passed this i __|_day of ebyucre , 2026. LAF ayor — Presiding Officer ATTEST: iors of suds : () To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Date: February 3, 2026 Initiated By: Michael E. Barker, Deputy City Manager Jean-Ellen M. Willis, P.E., Director of Transportation & Mobility Jennifer M. Rauch, AICP, Director of Community Planning & Development Justin Páez, Chief of Police Nick Tabernik, Deputy Chief of Police Greg Lattanzi, Deputy Chief of Police Thaddeus M. Boggs, Assistant Law Director Re: Ordinance 01-26 – Amending Various Sections of Noise Ordinances: § 72.021 – Loud Noise from a Motor Vehicle, § 72.022 – No Engine Brakes Permitted, §132.03 – Disorderly Conduct, and §153.076 – Public Nuisance Summary The proposed amendments to the city Code to address noise-related concerns were introduced to City Council on November 17, 2025, and the ordinance received its first reading at the January 20, 2026 meeting. The proposed ordinance includes amendments to three existing sections of the Dublin Code, §72.021 - Loud Noise from a Motor Vehicle, §132.03 - Disorderly Conduct, and §153.076 - Public Nuisance, and introduce a new section, §72.022 - No Engine Brakes Permitted. These proposed amendments address ongoing community concerns regarding traffic and environmental noise by establishing clear and measurable baseline noise thresholds and strengthening regulatory tools, all in line with current conditions and community expectations. Background November 17, 2025 Meeting: At the November 17, 2025 City Council meeting, staff provided a detailed memo and presentation outlining proposed updates to the City’s noise code and strategies to address ongoing community concerns related to traffic and environmental noise. The full background memo is available in the packet for reference. Council expressed strong support for updating the code to address community concerns. January 20, 2026 Meeting: At the January 20, 2026 meeting, the noise code updates were introduced for first reading as Ordinance 01-26. Council suggested some minor definitional changes and requested more information on what surrounding communities are doing to address noise issues. Definition Changes Following Council’s direction, the definitions of “motorcycle” and “motor vehicle” in Section 72.021 have been amended. Specifically, the “motorcycle” defined term has been deleted, and the definition of “motor vehicle” has been amended to explicitly include motorcycles. These changes were made to resolve ambiguities and remove unnecessary definitions from the existing code. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Ordinance 01-26 – Amending Various Sections of Noise Ordinances: § 72.021 – Loud Noise from a Motor Vehicle, § 72.022 – No Engine Brakes Permitted, §132.03 – Disorderly Conduct, and §153.076 – Public Nuisance February 3, 2026 Page 2 of 3 Community Benchmarking The following table provides a comparison of how Dublin and neighboring communities regulate vehicle noise, engine braking, disorderly conduct, and public nuisance noise. It is intended to show the range of approaches used across the region, including quantitative-based and qualitative-based frameworks. The relevant code section for each community and noise provision, if available, is linked in the table for reference. City Vehicle Noise Engine Brake Prohibition Disorderly Conduct Public Nuisance Noise Notes Dublin (propos- ed) Speakers or stereos: 80 dBA Speed limit >35mph: 90 dBA Speed limit ≤35: 86 dBA Yes 80 decibels for 15 minutes at 50-feet 80 decibels for more than 15 minutes; and prohibits pervasive noise below 80dBA Provides for quantitative noise thresholds over all three types of noise, permits enforcement for pervasive noise issues. New Albany No loud sound system that can be clearly heard from 50 feet. §331.44 Yes §337.20 “Unreasonable noise”; no technical measurements §509.03 no technical noise measurements; noise clearly heard from 50 feet. §521.14 No technical measurements. Wester- ville No loud sound systems that can be heard from 50 feet. §337.30 No “Unreasonable noise”; no technical measurements §517.03 Multi-tier, time- based rules. §518 Uses technical measurements and multiple tiers. Colum- bus No loud sound systems that can be heard from 50 feet. §2137.27 No “Unreasonable noise”; no technical measurements. §2317.11 Sound measured at distances ranging from 25- 100 feet, uses 1- hour average sound for decibel measurement. §2329.11 Most-detailed system; uses a longer time- range for decibel measurement; varying distances as well. Bexley No loud sound systems that can be heard from 50 feet. §432.42 No “Unreasonable noise”; no technical measurements. §648.04 Noise must be “loud, unnecessary, unusual” and/or “disturbing.” §648.11 Uses qualitative criteria only Worth- ington Unnecessary vehicle noises (revving, racing motor) are prohibited. §331.36 No “Unreasonable noise”; no technical measurements. §509.03 Sets dBA levels for certain commercial and industrial uses §1175.03 Dublin sets dBA thresholds, while Worthington sets it for Commercial and Industrial districts only; no dBA for vehicles Ordinance 01-26 – Amending Various Sections of Noise Ordinances: § 72.021 – Loud Noise from a Motor Vehicle, § 72.022 – No Engine Brakes Permitted, §132.03 – Disorderly Conduct, and §153.076 – Public Nuisance February 3, 2026 Page 3 of 3 City Vehicle Noise Engine Brake Prohibition Disorderly Conduct Public Nuisance Noise Notes Upper Arling- ton Unnecessary vehicle noise that disrupts the community is prohibited. §359.22 No “Unreasonable noise”; no technical measurements. §517.01 “Unreasonably loud, disturbing, and unnecessary noise” that disrupts the community is prohibited. §517.14 No technical and/or quantitative measurements. Hilliard Limited vehicle- specific rules. §337.20 No “Unreasonable noise”; no technical measurements. §509.03 Sets varying thresholds per district and time; uses both dBA and dBC. §531.03 Most-technical approach. Conclusions: Dublin’s proposed code provides a comprehensive and balanced approach to noise prevention and enforcement by establishing both quantitative and qualitative enforcement avenues. The proposed code provides measurable noise limits and allows flexibility to address pervasive or disruptive noise that may fall below the specific decibel threshold. Quantitative vehicle-specific noise standards are uncommon in the region. Engine brake prohibitions are rare in the region. For quantitative land-use noise regulation, only a few cities have codified a quantitative enforcement approach to complement a qualitative approach. The proposed framework improves predictability and transparency, giving residents, drivers and enforcement staff a shared understanding of expectations. Other Updates Since the January 20 meeting, Staff has also revised the language relative to disorderly conduct to clarify the use of the 50-foot distance in both qualitative and quantitative evaluation of noise. The updated code is included with the packet materials. Recommendation Adoption of Ordinance 01-26 at the second reading/public hearing on February 9, 2026. Draft Revisions – Loud Noise from a Motor Vehicle § 72.021 LOUD NOISE FROM A MOTOR VEHICLE. (A) Definitions. (1) Emergency Vehicle. Any emergency vehicle of municipal or county departments of public utility corporations when identified as such as required by law, the Ohio Director of Transportation, or Safety Director for the city and motor vehicles when commandeered by a police officer. (2) Motorcycle. An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters, minibikes, and mopeds. (32) Motor Vehicle. Any vehicle that is propelled or drawn on land by a motor other than a motorcycle. This definition includes, but is not limited to, the following motor vehicles: automobiles, trucks, motorcycles, campers, go-carts, snowmobiles, dune buggies, or facing vehicles. (43) Noise. Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings. (54) Person. Any public or private corporation, individual, firm, partnership, association, or other entity. (65) Public Safety Vehicle. Ambulances, motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state, and the vehicles used by fire departments, including motor vehicles used by volunteer firemen responding to emergency calls in the fire department service when identified as required by the Ohio Director of Public Safety. (B) Noise/Sound Amplification or Speakers: No person, firm or corporation being the owner or in possession of a motor vehicle with any radio, phonograph, television, tape players, loudspeaker, or other instrument, machine or device shall cause or permit any noise to emanate from such sound amplification equipment or speakers within the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which is audible from a distance of 50 feet and causes inconvenience and annoyance to persons of ordinary sensibilities. Noise shall be considered presumptively unreasonable and causing inconvenience and annoyance to persons of ordinary sensibilities if it meets or exceeds 80 dBA as measured at a distance of 50 feet or greater. This section shall not apply to any participant in a festival, parade, sporting event, fireworks show, outdoor gathering, concerts, or other temporary event that is conducted pursuant to a permit or license issued by the City, or to a public safety vehicle or emergency vehicle responding to a call for service. (C) Engine Operation Noise: It shall be prima facie unlawful for a person, firm or corporation being the owner or person in possession of a motor vehicle described above to cause or permit any noise emanating from a motor vehicle, except as provided in division (B) above, which is plainly audible at a distance of 50 feet from the motor vehicle. Noise Draft Revisions – Loud Noise from a Motor Vehicle shall be considered presumptively unreasonable and causing inconvenience and annoyance to persons of ordinary sensibilities if it meets or exceeds the following levels, as measured at a distance of 50 feet or greater: 86 dBA for motor vehicles on roadways with a posted speed limit of 35 MPH or below, or 90 dBA for vehicles on roadways with a posted speed limit above 35 MPH. The lawful use of a motor vehicle horn shall not be a violation of this section. (D) This section shall not apply to any of the following circumstances: (1) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic safety condition; (2) The motor vehicle is an emergency vehicle of public safety vehicle and is on an emergency run; (3) The motor vehicle is owned and operated by the state or political subdivision, or a public utility; (4) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or (5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state, or local law. (E) Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor in the fourth degree. (Ord. 101-99, passed 9-20-99) § 72.022 NO ENGINE BRAKES PERMITTED (A) No operator of any motor vehicle, including but not limited to any commercial vehicle, shall use, implement or actuate any device which utilizes the compression of the vehicle’s engine or its exhaust to slow said vehicle, including but not limited to any device know or referred to as an engine brake, compression release brake, or exhaust brake. (B) This section shall not apply to emergency vehicles of the City or any other political subdivision, ambulance service, clinic or hospital, while such vehicles are being used in providing emergency services to residents of the City. (C) Street signs providing notice of this prohibition may be installed at appropriate locations in the City as determined by the City Manager or his or her designee. Draft Revisions – Loud Noise from a Motor Vehicle (A)(D) Whoever violates this section is guilty of a minor misdemeanor upon a first offense, and a fourth degree misdemeanor upon a second or subsequent violation within one year of the date of conviction of a prior offense. 0127206.0607929 4937-7458-1322v1 0127206.0607868 0127206.0607929 4896-7345-77854937-7458-1322v2v5v3 Draft Revisions – Loud Noise from a Motor Vehicle § 72.021 LOUD NOISE FROM A MOTOR VEHICLE. (A) Definitions. (1) Emergency Vehicle. Any emergency vehicle of municipal or county departments of public utility corporations when identified as such as required by law, the Ohio Director of Transportation, or Safety Director for the city and motor vehicles when commandeered by a police officer. (2) Motor Vehicle. Any vehicle that is propelled or drawn on land by a motor. This definition includes, but is not limited to, the following motor vehicles: automobiles, trucks, motorcycles, campers, go-carts, snowmobiles, dune buggies, or facing vehicles. (3) Noise. Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings. (4) Person. Any public or private corporation, individual, firm, partnership, association, or other entity. (5) Public Safety Vehicle. Ambulances, motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state, and the vehicles used by fire departments, including motor vehicles used by volunteer firemen responding to emergency calls in the fire department service when identified as required by the Ohio Director of Public Safety. (B) Noise/Sound Amplification or Speakers: No person, firm or corporation being the owner or in possession of a motor vehicle with any radio, phonograph, television, tape players, loudspeaker, or other instrument, machine or device shall cause or permit any noise to emanate from such sound amplification equipment or speakers within the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which is audible from a distance of 50 feet and causes inconvenience and annoyance to persons of ordinary sensibilities. Noise shall be considered presumptively unreasonable and causing inconvenience and annoyance to persons of ordinary sensibilities if it meets or exceeds 80 dBA as measured at a distance of 50 feet or greater. This section shall not apply to any participant in a festival, parade, sporting event, fireworks show, outdoor gathering, concerts, or other temporary event that is conducted pursuant to a permit or license issued by the City, or to a public safety vehicle or emergency vehicle responding to a call for service. (C) Engine Operation Noise: It shall be prima facie unlawful for a person, firm or corporation being the owner or person in possession of a motor vehicle described above to cause or permit any noise emanating from a motor vehicle, except as provided in division (B) above, which is plainly audible at a distance of 50 feet from the motor vehicle. Noise shall be considered presumptively unreasonable and causing inconvenience and annoyance to persons of ordinary sensibilities if it meets or exceeds the following levels, as measured at a distance of 50 feet or greater: 86 dBA for motor vehicles or motorcycles on roadways with a posted speed limit of 35 MPH or below, or 90 dBA for motor vehicles or Draft Revisions – Loud Noise from a Motor Vehicle motorcycles on roadways with a posted speed limit above 35 MPH. The lawful use of a motor vehicle horn shall not be a violation of this section. (D) This section shall not apply to any of the following circumstances: (1) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic safety condition; (2) The motor vehicle is an emergency vehicle of public safety vehicle and is on an emergency run; (3) The motor vehicle is owned and operated by the state or political subdivision, or a public utility; (4) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or (5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state, or local law. (E) Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor in the fourth degree. (Ord. 101-99, passed 9-20-99) § 72.022 NO ENGINE BRAKES PERMITTED (A) No operator of any motor vehicle, including but not limited to any commercial vehicle, shall use, implement or actuate any device which utilizes the compression of the vehicle’s engine or its exhaust to slow said vehicle, including but not limited to any device know or referred to as an engine brake, compression release brake, or exhaust brake. (B) This section shall not apply to emergency vehicles of the City or any other political subdivision, ambulance service, clinic or hospital, while such vehicles are being used in providing emergency services to residents of the City. (C) Street signs providing notice of this prohibition may be installed at appropriate locations in the City as determined by the City Manager or his or her designee. (D) Whoever violates this section is guilty of a minor misdemeanor upon a first offense, and a fourth degree misdemeanor upon a second or subsequent violation within one year of the date of conviction of a prior offense. Draft Revisions – Loud Noise from a Motor Vehicle 0127206.0607868 4937-3708-4025v2 § 132.03 DISORDERLY CONDUCT (A) No person shall recklessly cause inconvenience, annoyance or alarm to another, by doing any of the following: (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior; (2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace; (3) Insulting, taunting or challenging another, under circumstances in which such conduct is likely to provoke a violent response; (4) Hindering or preventing the movement of persons on a public street, road, highway or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender; (5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful and reasonable purpose of the offender. (6) Creating or causing the creation of unnecessary, excessive, or offensive noise, or permitting any equipment, machinery, animal, or fowl to make unnecessary, excessive, or offensive noise, so as tothat disturbs or disrupts the peace and quiet of any reasonable person of normal sensitivity, including, but not limited to the following: at a distance of at least fifty (50) feet from the source. Noise is presumptively unnecessary, excessive, or offensive when measured by a sound level meter, as exceeding 80 dBA on a quarter- hourly average sound level at a distance of at least fifty (50) feet from the source. (ba) Exemptions to division (a)§ 132.03(A)(6) include the following: 1. Sound emanating from scheduled events conducted, sponsored or permitted by the city or schools; 2. Construction operations occurring between the hours of 7:00 a.m. and 9:00 p.m., provided that all equipment is operated in accordance with the manufacturer's specifications and/or with all standard manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition; 3. Construction operations conducted by the city as approved by City Council; 4. The loading and/or unloading of commercial waste receptacles between the hours of 7:00 a.m. and 9:00 p.m. within 500 yards of any residentially zoned property; 5. Noise of safety signals, warning devices, emergency pressure relief valves, and church bells; 6. Noise resulting from any authorized emergency vehicle; 7. Lawn mowers and other similar motorized landscaping equipment used between 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard muffler and/or sound reducing equipment in use and in proper operating condition; 8. Emergency work as authorized by the city; and 9. Noise related to the discharge of blank ammunition when conducted in conjunction with a funeral, patriotic event or such other activity as specifically authorized by the City Manager or the City Manager's designee. (B) No person, while voluntarily intoxicated shall do either of the following: (1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely to have such effect on others; (2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another. (C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) above. (D) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of division (B) above. (E) Whoever violates this section is guilty of disorderly conduct. (1) Except as otherwise provided in division (E)(2) of this section, disorderly conduct is a minor misdemeanor. (2) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies: (a) The offender persists in disorderly conduct after reasonable warning or request to desist. (b) The offense is committed in the vicinity of a school or in a school safety zone. (c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind. (d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility. (F) For violations covered under division (A)(6) above, a person shall be guilty of a misdemeanor of the fourth degree for a second or subsequent offense, if less than 12 months have elapsed since the last offense of the same provision. Each day such offense is committed or continued shall constitute a separate offense and shall be punishable as such. Citations shall be issued to a person, firm or corporation and/or an individual present at the time of the alleged offense. (Ord. 100-99, passed 9-20-99) (G) As used in this section, SCHOOL, SCHOOL PREMISES and SCHOOL BUILDING have the same meanings as in R.C. § 2925.01. ('80 Code, § 509.03) (Am. Ord. 60-08, passed 9-2-08) Penalty, see § 130.99 0127206.0607868 0127206.0607868 0127206.0607929 4899-1148-47934899-1148-47934927-7294-5246v4v3v1 § 132.03 DISORDERLY CONDUCT (A) No person shall recklessly cause inconvenience, annoyance or alarm to another, by doing any of the following: (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior; (2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace; (3) Insulting, taunting or challenging another, under circumstances in which such conduct is likely to provoke a violent response; (4) Hindering or preventing the movement of persons on a public street, road, highway or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender; (5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful and reasonable purpose of the offender. (6) Creating or causing the creation of unnecessary, excessive, or offensive noise, or permitting any equipment, machinery, andimal, or fowl to make unnecessary, excessive, or offensive noise, that disturbs or disrupts the peace and quiet of any reasonable person of normal sensitivity at least fifty (50) feet from the source. Noise is presumptively unnecessary, excessive, or offensive when measured by a sound level meter, as exceeding 80 dBA on a quarter-hourly average sound level at a distance of at least fifty (50) feet from the source. (a) Exemptions to § 132.03(A)(6) include the following: 1. Sound emanating from scheduled events conducted, sponsored or permitted by the city or schools; 2. Construction operations occurring between the hours of 7:00 a.m. and 9:00 p.m., provided that all equipment is operated in accordance with the manufacturer's specifications and/or with all standard manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition; 3. Construction operations conducted by the city as approved by City Council; 4. The loading and/or unloading of commercial waste receptacles between the hours of 7:00 a.m. and 9:00 p.m. within 500 yards of any residentially zoned property; 5. Noise of safety signals, warning devices, emergency pressure relief valves, and church bells; 6. Noise resulting from any authorized emergency vehicle; 7. Lawn mowers and other similar motorized landscaping equipment used between 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard muffler and/or sound reducing equipment in use and in proper operating condition; 8. Emergency work as authorized by the city; and 9. Noise related to the discharge of blank ammunition when conducted in conjunction with a funeral, patriotic event or such other activity as specifically authorized by the City Manager or the City Manager's designee. (B) No person, while voluntarily intoxicated shall do either of the following: (1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely to have such effect on others; (2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another. (C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) above. (D) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of division (B) above. (E) Whoever violates this section is guilty of disorderly conduct. (1) Except as otherwise provided in division (E)(2) of this section, disorderly conduct is a minor misdemeanor. (2) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies: (a) The offender persists in disorderly conduct after reasonable warning or request to desist. (b) The offense is committed in the vicinity of a school or in a school safety zone. (c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind. (d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility. (F) For violations covered under division (A)(6) above, a person shall be guilty of a misdemeanor of the fourth degree for a second or subsequent offense, if less than 12 months have elapsed since the last offense of the same provision. Each day such offense is committed or continued shall constitute a separate offense and shall be punishable as such. Citations shall be issued to a person, firm or corporation and/or an individual present at the time of the alleged offense. (Ord. 100-99, passed 9-20-99) (G) As used in this section, SCHOOL, SCHOOL PREMISES and SCHOOL BUILDING have the same meanings as in R.C. § 2925.01. ('80 Code, § 509.03) (Am. Ord. 60-08, passed 9-2-08) Penalty, see § 130.99 0127206.0607868 4935-0377-5865v3 Draft Revisions – Public Nuisance (Noise) 1 § 153.076 PUBLIC NUISANCE REGULATIONS. Prevention of nuisance. Every premise/premises or use subject to the provisions of this chapter shall be located, arranged and operated in accordance with the following provisions so that it will not interfere with the development and enjoyment of adjacent property. For the purposes of this Chapter premise/premises is defined as part of the realty: A platted lot or part thereof, unplatted lot or parcel of land or plot of land either occupied or unoccupied by, any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon. (A) Required limits. The following limits of development and operation are provided to control hazardous, obnoxious or other nuisance activity of uses subject to the provisions of this chapter. (1) Noise. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard. For further provisions relative to excessive noise, refer to division (H) of this Section. (2) Smoke. Smoke shall be controlled in its emission so as to be less dark in shade than that designated as No. 2 on the Ringlemann Chart published and used by the U.S. Bureau of Mines, except that emission above such level shall be permitted for a period of three minutes or less during the operation of starting or cleaning a fire. (3) Dust. Dust or particulate matter shall be so controlled as not to produce a hazardous or obnoxious situation beyond the property lines of the lot on which such dust or particulate matter is produced. (4) Odor or fumes. Odor or noxious fumes shall be so controlled as not to be offensive nor to create a hazard. (5) Glare. Glare or heat from processing or other activity or lighting shall be so screened as not to be perceptible beyond the property lines of the lot on which such glare or heat is produced. (B) Property management. The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and value of property for all of the municipality. (1) Condition of premises; waste accumulation. No person, firm, or other property owners or residents shall in any Zoning District: Draft Revisions – Public Nuisance (Noise) 2 (a) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property, porch or balcony except in a completely enclosed building or accessory structure as follows. (For the purpose of section, completely enclosed is defined as being enclosed by a roof, walls, fully intact windows and/or screens. Screens are framed wire or plastic mesh designed to keep out insects and permit air flow). 1. Trash and garbage properly located for normal and regular pickup, provided that such items shall only be permitted to remain exposed to open view for a period of 24 hours immediately preceding and 24 hours immediately after the time scheduled for garbage of trash pickup by a waste collector. 2. All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work. 3. Firewood for the personal use of the resident, gardening, recycling and approved accessory uses located in a side or rear yard. Firewood stored outdoors on a residential property shall be stored in the following manner: cut/split and prepared for use; in neat, stable and secure stacks not exceeding 48 inches in height and 60 inches in width; not in a deteriorating state; and covered by a brown, black or grey tarp, or located under a roof structure to shield from precipitation. 4. Lawn furniture and accessories with the exception of upholstered furniture, mattresses, materials and other similar products not designed, built and manufactured for outdoor use unless on an enclosed porch or balcony. 5. Portable storage container designed for temporary moving and storage of furniture, household goods, etc. to be delivered by a commercial enterprise to a commercial storage facility or customer’s destination. Portable storage containers are permitted as non-permanent accessory use and may not be located on any parcel for more than (2) two non-sequential (14) fourteen day periods in a calendar year. The container shall be stored on an improved surface whenever possible and not block sidewalks or shared use paths. (b) Permit commercial vehicles or non-private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction. (c) Fail to keep the exterior of all residential and commercial premises in good condition, and well-maintained, including painting, if necessary, and such persons shall, Draft Revisions – Public Nuisance (Noise) 3 within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions. (d) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes. 1. All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality. 2. In those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials. 3. All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris. (2) Corrective action by municipal officials. (a) All violations of this section which remain uncorrected after not less than ten days' notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. The notice required herein may be waived if immediate action is required to protect the health, safety, morals, or welfare. (b) The property owner may pay any such charges in accordance with this chapter to the city within 30 days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by R.C. § 731.54. The recovery of costs by the city pursuant to this section is a remedy in addition to any other penalties that may be levied. (c) Violations occurring on construction sites may result in the issuance of a stopwork order until the site is brought into compliance. (d) The city may also take any other judicial actions provided by law to address violations of this section. (C) Vacant structures. (1) Intent. The presence of vacant structures creates an element that lowers property values, leads to deteriorating housing conditions, undermines the quality of neighborhood life, affects the public health, safety and general welfare, and can also result in human injury and criminal activities. Vacant structures occupy an inordinate amount of city Draft Revisions – Public Nuisance (Noise) 4 administrative and ordinance enforcement resources and the prolonged presence of vacant structures is unacceptable. (2) Securing and maintenance of structures and premises. Any structure on a premises that is designated as vacant is required to be maintained and secured so as not to be accessible to any unauthorized person. A structure or premises shall be secured through the following means, including but not limited to: (a) Any structure found to be unsecure must be secured within 48 hours of notification. (b) Damaged or non-secure door, window or other openings may be permitted to be boarded up only to eliminate an immediate hazard, but not to exceed 30 days. (c) Damaged or broken doors, windows or other openings shall be repaired properly within 30 days of notification. 1. Methods of securing and/or repairing properties shall include materials typically used in other homes such as glass materials for windows, exterior grade doors in entrance and exit areas, and other materials that ensure the structure is compatible with the surrounding area and appears habitable. 2. Wood or plywood materials shall not be permitted beyond 30 days following notification. (d) Closure and locking of all windows, doors and other openings that may allow access to the interior of a structure. (3) Vacant buildings will be subject to the following maintenance requirements: (a) Structure openings: Doors, windows, areaways and other openings shall be weather tight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings shall be weather protected and tightly fitted to the opening, and timely repaired or replaced as provided in division (C)(2) of this section. (b) Roofs: Roofs and flashings shall be sound and tight, not admit moisture or have defects, which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the structure. (c) Drainage: The structure's storm drainage system shall be functional and installed in a manner consistent with city regulations and allow discharge in a manner consistent with city regulations. (d) Structure: The structure shall be in good repair, not in violation of city regulations, structurally sound and free from debris, rubbish and garbage. The structure shall be sanitary. The structure shall not pose a threat to the public health and safety. (e) Structural members: The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads. Draft Revisions – Public Nuisance (Noise) 5 (f) Foundation walls: The foundation walls shall be structurally sound and in a sanitary condition so as not to pose a threat to public health and safety. The walls shall be capable of supporting the load of normal use and shall be free from open cracks and breaks, free from leaks and be rodent proof. (g) Exterior walls: The exterior walls shall be free of holes, breaks and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. (h) Decorative features: The cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. (i) Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. (j) Chimneys and towers: Chimneys, towers, and similar features shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. (k) Walkways: Walkways shall be safe for pedestrian travel. (l) Accessory structures: Accessory structures such as garages, sheds and fences shall be free from safety, health and fire hazards and shall comply with all regulations for vacant structures. (m) Premises: The premises upon which the structure is located shall be clean, safe and sanitary. It shall be free from waste, rubbish, debris or excessive vegetation in compliance with city regulations and shall not pose a threat to public health and safety. The enumeration of the foregoing requirements for vacant buildings shall not be construed as exempting or waiving other generally applicable requirements of local property maintenance, health, or building codes. (4) Right of entry and inspections. If the owner has failed to maintain a property, the city may enter or reenter the exterior areas of the premises to conduct necessary inspections to ensure compliance with the requirements of this chapter and to determine if there are any emergency or hazardous conditions, and to abate such conditions at the owner's expense. Draft Revisions – Public Nuisance (Noise) 6 (5) Reuse and occupancy. No vacant structures shall be reoccupied until inspected and found to be in full compliance with all applicable city codes and a certificate of occupancy is issued by the city. (6) Responsibility for violations. All nuisance, housing, building and related code violations will be cited and noticed to the owner of record and shall become the owner's responsibility to bring in compliance. If the owner sells or otherwise disposes of the property to another party, the new owner shall not be entitled to any extension of time to correct or address such violations as existed at the time of sale, transfer or conveyance of the property. (7) Exemptions. (a) A building under active construction/renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from enforcement procedures until the expiration of the longest running, currently active building permit. (b) A building that has suffered fire damage or damage caused by extreme weather conditions shall be exempt from enforcement procedures for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Officer. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building. (c) Any owner of a vacant building may request an exemption from the provisions of this chapter by filing a written application with the city who shall timely consider same. In determining whether a request for exemption should be granted, the city shall consider the following: the applicant's prior record as it pertains to Property Maintenance Code violations; the amount of vacant property the applicant currently has within the city; and the length of time that the building for which the exemption is sought has been vacant. The city shall approve, approve with conditions, or reject the completed application for exemption within 30 days of receiving it. (D) Weeds. (1) Definitions. Any word or phrase used in these guidelines, which is not defined here shall have the meaning used in the section appropriate to the context in which such word or phrase is used. (a) GRASS. Any of a large family (Gramineae) of monocotyledonous, mostly herbaceous plants with jointed stems, slender sheathing leaves, and flowers borne in spikelet's of bracts. (b) NOXIOUS. Physically harmful or destructive to living beings. (c) NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state. (d) WEED. Plant that is not valued where it is growing and tends to overgrow more desirable plants. Draft Revisions – Public Nuisance (Noise) 7 (2) Removal of noxious weeds, weeds and grass; duty of Code Enforcement Officer. (a) No person, whether as owner, lessee, agent, tenant or any other person having charge or care of land in the city, shall permit noxious weeds, weeds or grass to grow thereon to a height in excess of six inches or fail to cut and destroy such noxious weeds, weeds and grass when notified by the Code Enforcement Officer. (b) The Code Enforcement Officer shall determine when lots and lands in the city contain noxious weeds, weeds and grass which constitute a nuisance or endanger the public health, and shall see that such weeds and grass are removed or the nuisance abated. (3) Notice to owner to cut weeds and grass. (a) The Code Enforcement Officer shall cause written notice to be served once each growing season, March 1 through October 31 of each calendar year, upon the owners, lessees, tenants or other persons or entities having charge or care of land in the city, notifying him that noxious weeds, weeds and grass are growing on such property and that they shall be cut and destroyed within five days after service of such notice and thereafter during the growing season with sufficient frequency to prevent such noxious weeds, weeds and grass from exceeding six inches. (b) Service of the notice may be served by certified mail, as listed in the County Auditor's tax lists at the mailing address as shown on such tax lists; ordinary mail if the certified mail is refused or unclaimed; personal service, by posting at the subject property; or by publishing such a notice once in a newspaper of general circulation in the city. (4) Failure of owner to comply. The Code Enforcement Officer may determine that noxious weeds and grass are growing on land for which a notice has been issued pursuant to division (D)(1) of this section, which constitute a nuisance and/or endanger the public health, safety or welfare, and that the person having charge or care of the land has neglected or refused to comply with the notice. Thereupon, the Code Enforcement Officer may cause such noxious weeds, weeds and grass to be cut by use of city forces and equipment or by the hiring of private contractors. (5) Costs. The property owner shall pay all costs associated with the cutting and removal of the noxious weeds, weeds and grass. Upon completion of the cutting and removal of the noxious weeds, weeds and grass, the Code Enforcement Officer shall determine the cost of cutting and removal, and shall cause a statement thereof to be mailed to the owner of the land. (6) Payment of costs; unpaid costs a lien. The property owner may pay such fees as charged in accordance with this chapter to the city within 30 days after the statement of costs is issued without penalty. If the fee is not paid within 30 days after the statement of charges has been mailed to the owner, the Director of Finance shall certify the charges for services as provided in division (D)(3) of this section to the County Auditor, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by R.C. § 731.54. The recovery of Draft Revisions – Public Nuisance (Noise) 8 costs by the city pursuant to this section is a remedy in addition to the penalty provided in division (D)(8) of this section. (7) Exemptions. Areas cultivated specifically as a wildflower area, vegetable garden, or undeveloped land exceeding one acre in size designated as a natural area for birds and other wildlife are exempt from the provisions of this chapter. Designated natural areas abutting residential property or city right-of-way must maintain a 100 foot buffer at a maximum six inches in height around the perimeter of the entire site. (8) Penalty. Whoever violates any provision of divisions (D)(1) through (D)(6) or (E) of this section is guilty of a minor misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (E) Storage of residential waste and recycling containers. (1) All residential waste and recycling containers shall be placed inside the garage of a residence or to a location at the side or rear of the residence that is shielded from the view of any adjoining property's occupants and any street by natural landscape barriers, which will maintain a 100% year round opacity (2) or a fence or wall so long as it maintains 100% year round opacity and is compatible with the material and color of the adjacent structure. Screening shall be provided on all sides of the storage area to a height of six inches more than the tallest waste or recycling container. A solid gate matching the screening material is permitted on one side of the structure for walls and fences to provide access to the storage area. For landscape barriers, one side is permitted to remain open so long as it does not directly face a public street or adjacent property. Residential waste and recycling container screening is subject to review and approval through the certificate of zoning plan approval (CZPA) process. (F) Parking in residential districts. (1) For purposes of this section, the following definitions shall apply. (a) COMMERCIAL VEHICLE. Any vehicle used or designed to be used for business or commercial purposes which infringes on the character of a residential district and includes, but is not necessarily limited to: a bus, cement truck, commercial tree trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes, stage bed truck, step van, tank truck, tar truck, or other commercial-type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or commercial truck. (b) PERSONAL VEHICLE. Any vehicle that seats less than ten passengers, is registered as a passenger vehicle or a noncommercial truck, and used for the sole purpose of transporting resident(s) and guests(s) to and from daily activities. (c) RECREATIONAL VEHICLE. Any motorized vehicle and/or associated nonmotorized equipment used for camping, traveling, boating, or other leisure activities including, but not limited to campers, boats, travel trailers, motor buses (more than nine Draft Revisions – Public Nuisance (Noise) 9 passengers), motor homes, snow mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non-motorized). Trailers used for transporting this type of vehicle, or any trailers used for hauling equipment or materials, are also included within this definition. (2) Commercial vehicles. Commercial vehicles are prohibited within residential districts, except as follows: commercial vehicles are permitted within an enclosed garage provided the garage door is no taller than nine feet in height. (3) Recreational vehicles. A recreational vehicle may be stored on a residential property provided it is fully enclosed by a structure so that it cannot be entered upon or seen from an adjacent street. (4) Condition/Location. The following restrictions apply to all vehicles. (a) Location. No vehicle shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure. Vehicles must be parked on a hard surface and shall be prohibited within required side or rear yards and no- build/disturb zones. All vehicles shall be parked in a safe manner and shall not obstruct the public right-of-way. (b) Registration. All vehicles shall be operable and have a valid registration and license within the current12-month period. For purposes of this section, operable means capable of being started and driven from the location in question. (c) Inoperable Vehicle. For the purpose of this section, a vehicle shall be deemed inoperable when any of the following conditions exist: one or more wheels or tires are missing, one or more tires are flat, one or more windows are missing or broken, the windshield is missing or broken, parts required for the operation of the vehicle are missing or a license with a distinctive number and valid for the current year is not displayed thereon. All inoperable vehicles shall be removed from the residential lot. (5) Exemptions. (a) Habitation/guest occupancy. A recreational vehicle may be located on a residential lot and outside of an enclosed structure for up to 72 hours in any 30-day period, provided the owner or person in charge of the vehicle is a guest of the resident(s) of that lot. The recreational vehicle will be prohibited within the public right-of-way, any required side or rear yards and no-build/disturb zones. In no case shall the vehicle be used for overnight sleeping or living. (b) Construction/delivery. Division (F)(2) of this section shall not apply to commercial vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed during the time of parking such vehicles. Division (F)(2) of this section shall not apply during the time which commercial vehicles are being loaded or unloaded or used to deliver or hoist property or merchandise for completion of delivery, if such actions are conducted diligently and without unnecessary delay. Draft Revisions – Public Nuisance (Noise) 10 (G) Littering. (1) Deposit of litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property. (2) Maintenance of litter free premises. The owner or person in control of any private property shall at all times maintain the premises free of litter; but this section shall not prohibit the storage or litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building code or other regulation, order, ordinance or statute. (3) Vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. Vacant lots shall be kept free of litter at all times by the person responsible for the properly. (4) Business establishments: receptacles. Every person owning, or managing, or having charge, control or occupancy of any real property in the city, who maintains a receptacle designated for their use shall dispose of refuse in such a way that said receptacle shall not overflow and the refuse so deposited shall not circulate freely in the environment. (5) Receptacles: sanitary conditions. Every person owning, or managing, or having charge, control or occupancy of any real property in the city who maintain litter receptacles shall maintain such containers and receptacles in good condition. No receptacle may have ragged or sharp edges or any other defect liable to hamper or injure the person depositing or collecting the contents thereof. (6) Unsightly premises. Every person owning, or managing, or having charge, control or occupancy of any real property in the city shall not allow any part of such property visible from the street of adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood. (7) Abatement. All persons, firms, or corporations owning, leasing or occupying buildings, grounds, or lots are hereby required to remove rubbish, trash, weeds, or other accumulation of filth or debris which constitutes a hazard to the public health, safety and welfare, from buildings, grounds, lots, contiguous sidewalks, streets, and alleys. (8) Enforcement. In case of failure or refusal to comply with any such notice of abatement, the work required thereby may be done at the expense of the city and the amount of money expended therefor shall be a valid claim against the owner, occupant or person in charge and a lien upon such land which may be enforced by suit in any court of competent jurisdiction. Proceedings under this division shall not relieve any party defendant from criminal prosecution or punishment for violation of any other criminal law or ordinance in force within the city. Draft Revisions – Public Nuisance (Noise) 11 (H) Excessive Noise (1) Definitions (a) Auditory device: Any device capable of producing an audible sound. (b) Average sound level or Equivalent continuous sound level: : A value that represents the average sound energy of a fluctuating noise over a specific time period in a certain place, as set forth in the American National Standards Institute specifications for sound level meters. (c) Construction: Other than demolition, any site preparation, assembly, substantial repair, alteration, or similar action for or on public or private property, rights-of-way, structures, utilities, or similar properties. (d) dBA: A sound meter reading, taken over a minimum of a fifteen-minute period, producing an average reading emanated from any stationary sound source. (e) Decibel (dB): A unit for measuring the intensity of sound. A decibel is equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure of twenty (20) micropascals. (f) Emergency: Any set of circumstances or occurrences under which physical trauma or property damage or loss, actual or imminent, demands immediate attention. (h) Noise: Any sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. (i) Person: Any individual, public corporation, private corporation, firm, partnership, association, or other entity. (j) Sound amplification system: Any devices, including but not limited to, microphones, speakers, radios, stereos, music players, used to increase the amplitude of an audible sound. (k) Stationary sound source: a machine or device capable of creating a noise upon or within the property which it is regularly located or attached. Examples include, but are not limited to, including, but not limited to, stationary motor vehicles, industrial and commercial process machinery and equipment, fans, or air- conditioning systems. (l) Unreasonably loud and disturbing noise: Noise that emanates in such manners that, due to intensity of volume, character or duration, may be offensive to or disturbing to a person of ordinary sensibilities. (m) Additional Terms: Terms not specifically defined above shall be defined or interpreted using standards outlined by the American National Standards Institute. Draft Revisions – Public Nuisance (Noise) 12 (2) Prohibition of Unnecessary, Excessive, and Offensive Noise. The creation of any unreasonable or disturbing noise in the City that adversely affects the public health, welfare, and enjoyment of the residents of the City shall be unlawful. A quarter-hourly average sound level of 80 dBA shall be considered presumptively unreasonable to a person of ordinary sensibilities. Even if noise levels fall below the 80 dBA threshold, a pervasive noise, including but not limited to continuous low-frequency noise, may be considered unreasonable and disturbing. Where a decibel measurement is used, the sound shall be measured from the property line of the parcel on which the building or structure affected by the sound is located and shall be determined during any measurement period, which shall not be less than fifteen (15) consecutive minutes. The exceedance of the noise levels herein may be considered a violation of this Section and may include noise generated by, but not limited to, the following activities or occurrences: (a) Operation of any sound amplification system, auditory device, or stationary sound source so as to produce sound levels that disturb the peace or wellbeing of neighboring inhabitants, including, but not limited to, musical instruments, radios, speakers, or television sets. (b) Operation of lawn mowers, leaf blowers, or other engine or motor - powered domestic tools in such a manner or with a volume sufficient of creating unnecessary, excessive, or offensive noise. When applicable, outdoor equipment shall have mufflers and be in good working condition so as to limit the production of unnecessary or excessive noise. (c) Owning or keeping an animal that continuously produces any sounds which create any unreasonable, excessive, or offensive noise to any person of reasonable sensibilities within the vicinity of the animal. (d) The operation of any pile drive, shovel, or other mechanical apparatus for the purpose of building or construction in such a manner that generates unreasonable, excessive, or unnecessary noise. Construction equipment shall be operated in accordance with manufacturer’s specifications to minimize the production of unnecessary noise and shall not be used between the hours of 109:00 pm and 7:00 am. (e) Yelling, shouting, singing, or otherwise vocalizing at such levels or frequency as which to produce unreasonable, excessive, or offensive noise to any person of reasonable sensibilities. (f) The production of unreasonably loud and/or raucous noise by any means not previously listed in such a manner as to disturb the quiet, comfort, peace, or wellbeing of a person of ordinary sensibilities. (3) Exemptions. Draft Revisions – Public Nuisance (Noise) 13 The provisions set forth in this section shall not apply to the following activities or occurrences: (a) Noise emanating from any authorized emergency or public safety vehicle when responding to an emergency notification or acting under the presence of an emergency. (b) Noises resulting from public activities, such as festivals, parades, sporting events, fireworks, outdoor gatherings, concerts, or other temporary events that are conducted pursuant to a permit or license issued by the City. (c) Public works projects or construction as authorized by local, City, State, or federal agencies. (d) Warning devices necessary for the protection of public safety. (e) Sound associated with activities periodically required to maintain properties with housing, building, zoning, fire, safety, health, or sanitation codes and which occur between the hours of 7:00 am to 9:00 pm. (f) Sound associated with the operation of refuse collection vehicles and railway locomotives and railway cars. (4) If the provisions of this section conflict with the provisions of any other section of the Code, then the more restrictive provision shall prevail. (IH) Penalty. (1) All violations will be subject to administrative enforcement procedures outlined by administrative order of the City Manager. (2) Any person violating any provisions of this section shall be guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state law or municipal ordinance, the offender shall be guilty of a misdemeanor of the third degree. (3) Each day such violation is committed or permitted to continue after the initial five working days to abate shall constitute a separate offense and shall be punishable as such hereunder. (4) Any exterior premises or structure kept in violation of the provisions of this section interferes with the health, safety, and welfare of the public, and is hereby declared to be a public nuisance. In addition to prosecution of such violations, the city may initiate and prosecute proceedings to enjoin the perpetuation of such nuisance conditions, and take such other remedial measures as permitted by law to abate the nuisance conditions and charge the costs of such proceedings or abatement measures against the property for collection in the manner of real property taxes. Draft Revisions – Public Nuisance (Noise) 14 ('80 Code, § 1183.10) (Ord. 21-70, passed 7-13-70; Am. Ord. 14-17, passed 2-27-17; Am. Ord. 44-20, passed 11-9-20) Penalty, see § 153.999 Cross-reference: For containment and limitation upon construction noise, see § 150.160 0127206.0607929 4916-9754-8618v9v8v6v4