300 North Westminster St. Waynesfield, OH 45896
(419) 568-4991 info@waynesfieldohio.com

Noise

ORDINANCE 00-11-3 NOISE ORDINANCE

 WHEREAS, the Village of Waynesfield is in need of additional noise control.

 NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Waynesfield, County of Auglaize, State of Ohio:

 Section 1. This Ordinance shall apply to the control of all noise within the Village limits.

 Section 2. No person shall make any loud raucous, improper, unreasonable, offensive or unusual noise, disorder or tumult, which disturbs, injures or endanger the comfort, repose, health, peace or safety of others within the Village, or to permit such noise, disorder or tumult to be made in or about his/her house or premises, and the same is hereby declared to be a public nuisance.

 Section 3. It shall be the duty of every owner, occupant, manager, agent or operator of any property, structure, vehicle, or business in the village, to prevent persons using property under their control form violating this chapter.

 

  1. Using, operating or permitting to be played, used or operated any machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient haring for the person who is in the room, vehicle or property in which such machine or device is operated and who is a voluntary listener.

 

  1. Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing of sound which is cast upon other properties including the public right-of-way, for the purpose of commercial advertising or to attract attention to any activity, performance, sale, place or structure.

 

  1. Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing any sound on any public transportation vehicle, including public address systems on vehicles other than public safety vehicles.

 

  1. Using, operating, or permitting to be played, used or operated any machine or device for the producing or reproducing of sound on any public right-of-way adjacent to any school, institution of higher learning, church or court while the same are in use, which unreasonably interferes with or disturbs the working of such institution.

 

Section 5. No person shall play, use, operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or any of the following:

 

  1. Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 50 feet from its source:

 

  1. Any motor vehicle on a public right-of-way, highway, or public space if the sound generated is audible at a distance of 50 feet from the device producing the sound.

 

Section 6. The following acts are declared to be a public nuisance but the enumeration of the particular offenses hereinafter particularly defined shall not be construed as limiting the generality of this chapter, or limiting the offense hereunder to the particular offense hereinafter enumerated:

 

  1. The continuous or repeated sounding of any horn or signal device of a motor vehicle when not used as a danger signal. Continuous shall be defined to include unnecessary or unreasonable periods of time.

 

  1. The use of any motor vehicle with appurtenances attached thereto so as to create loud or unnecessary grating, grinding, rattling or other noises.

 

  1. The use of any motor vehicle with or without the attachment of grating, grinding rattling or other noise or noises. This shall include the use of any vehicle said use of which causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine, or tire squeal.

 

  1. The use of jake brakes.

 

Section 7. The following shall be exempted from the provisions of this ordinance.

 

  1. Sound emitted from sirens of authorized emergency vehicles.

 

  1. Lawn mowers, garden tractors and similar home power tools when properly muffled.

 

  1. Burglar alarms or other warning devices when properly installed in publicly or privately owned property, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.

 

  1. Celebrations on Halloween and legal holidays.

 

  1. Permitted parades or festivals, between the hours of 8:00 a.m. and 12:00 midnight, Sunday through Thursday; and between 8:00 a.m. and 1:00 a.m. throughout Saturday.

 

  1. Outdoor music associated with school band, church celebrations, outdoor dances, etc.

 

  1. Attendant noise connected with the actual performance of athletic sporting events and practice related to them.

 

  1. The emission sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work.

 

  1. Sounds associated with the normal conduction f a legally established non-transient business when such sound are customary, incidental, and with the normal range appropriate for such use.

 

Section 8. Any law enforcement personnel who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound according to the following standards:

 

  1. The primary means of detection shall be means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.

 

  1. The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he/she can readily identify the offending motor vehicle and the distance involved.

 

  1. The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.

 Section 9. (Amended by Ord. 04-4-2 on April 26, 2006) The penalty for violation of the Ordinance shall be a minor misdemeanor with a fine of each offense being $25.00) Each day any violation shall continue shall constitute a separate offense.

                 1st Reading                2nd Reading                3rd Reading   

                 (11/27/00)                (12/11/00)                    (12/26/00)

 VOTE:   Dave Ewing – yes        Dave Ewing – yes            Doug Ewing –    yes

                 Chiles –     yes                Ridenour  –     yes            Ridenour –     yes

                 Doug Ewing – yes        Doug Ewing – yes          Chiles –    yes

                 Knox –     yes                    Chiles –    yes                   Dave Ewing –     yes

                 Ridenour –    yes            Knox –     yes                    Knox –        yes

                 Winegardner – yes        Winegardner – yes    Winegardner – yes