VILLAGE OF BOSTON HEIGHTS
45 E. Boston Mills Road • Boston Hts., Ohio 44236
Phone 330.650.4111 Fax 330.655.9578
ORDINANCE N-2003
AN ORDINANCE REGULATING UNLAWFUL NOISE AND
DISTURBANCES AND AMENDING THE CODIFIED
ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS
TO ADD A NEW SECTION 509.12 TO THE CODIFIED
ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS
WHEREAS, the Village of Boston Heights has determined that it is in the best interest of the residents of the village and for the public peace of the community to regulate unlawful noise and disturbances.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Boston Heights, County of Summit, and State of Ohio:
Section 1: That the Codified Ordinances of the Village of Boston Heights be amended to add a new Section 509.12 entitled Unlawful Noise and Disturbances, a copy of said new section is attached hereto as Exhibit A and incorporated herein by reference.
Section 2: That it is found and determined that all formal actions of this Council concerning and relating to adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
PASSED:
RAYMOND McFALL, Mayor
ATTEST:
CAROL ZEMAN, Clerk-Treasurer
I, CAROL ZEMAN, Clerk of the Village of Boston Heights, Summit County, Ohio do hereby certify that the foregoing Ordinance __-2003 was duly passed by the Council of the Village of Boston Heights, County of Summit, State of Ohio at a meeting of Council on the ___ day of _______, 2003.
CAROL ZEMAN, Clerk of the
Village of Boston Heights
EXHIBIT A
(a) No person, including but not limited to an owner or persons in possession or control of any building, premises or chattel shall permit, allow, operate, generate or cause to be generated within the Municipality any noise or sound in such a manner as to do any of the following:
(1) Disturb or destroy the peace and quiet of the neighborhood, which would be offensive to persons of ordinary sensibilities;
(2) Cause inconvenience, annoyance, or create a condition which is physically offensive to persons of ordinary sensibilities;
(3) Be dangerous or detrimental to health or safety.
It is prima facie unlawful where the sound or noise is plainly audible on private property between the hours of 11:00 P.M. and 7:00 A.M. on any street, highway or in any public right of way which is 100 feet from the source of the sound.
(b) Whoever violates this section is guilty of making unlawful noise, a minor misdemeanor. If the offender persists in making unlawful noise after reasonable warning or request to desist, making unlawful noise is a misdemeanor of the fourth degree.