After introducing the so-called “golf cart” ordinance at its last meeting, the Bellefontaine City Council will now also be considering a “unreasonable noise” ordinance at its regular meeting Tuesday, July 14, at 7:30 p.m.

The “golf cart” ordinance will be up for a second reading at the meeting, having passed on its first reading, 4-2, on June 23.

According to the ordinance, if passed, golf carts and other low- and under-speed vehicles (golf carts, side-by-sides, mini-trucks and the like) will be allowed to operate on city streets with speed limits of 35 MPH or less, with the exception of the portions of Madriver and Detroit Streets and Sandusky and Auburn Avenues, which encircle the Downtown Bellefontaine Historic District.

According to the ordinance, these “low-speed” vehicles must meet a number of requirements, including license plates, functional head and taillights, turn signals, horns and other equipment and must pass a safety inspection by the Sheriff’s Office. 

Up for a first reading at Tuesday’s meeting will be ordinance amending and restating Section 509.11 of the city’s code that addresses sound amplifying devices and loud noises, which covers are variety of provisions to include radios, loudspeakers, musical instruments, parties, revving or accelerating motor vehicles and vehicles with modified exhaust systems, as well as portable generators, compressors and power tools.

The complete text of the ordinance and the penalties for violations the measure can be found below.

The only other item on Tuesday’s agenda is the third reading and final vote on an ordinance that will appropriate supplemental funds for the Joint Recreation District.

The public is encouraged to attend.

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The following is the text of the ordnance that will be introduced to the Bellefontaine City Council Tuesday, July 14.

AN ORDINANCE AMENDING AND RESTATING SECTION 509.11 SOUND AMPLIFYING DEVICES AND LOUD NOISES OF THE CODIFIED ORDINANCES OF THE CITY OF BELLEFONTAINE, OHIO AND DECLARING AN EMERGENCY

WHEREAS, the Rules Committee of the City of Bellefontaine, Ohio, has conducted a public meeting and a review of certain provisions of the regulations for the City of Bellefontaine and has recommended the changes set forth herein.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BELLEFONTAINE, OHIO:

SECTION I:  That Section 509.11 Sound Amplifying Devices and Loud Noises of the Codified Ordinances of the City of Bellefontaine, Ohio, shall be amended and restated in its entirety to read as follows:

“509.11 DISTURBING THE PEACE; UNREASONABLE NOISE

(a) No person shall generate, cause, suffer, allow, continue, or permit unreasonable noise or loud sound that is likely to cause inconvenience, annoyance, discomfort, disturbance, or alarm to persons of ordinary sensibilities.

This section is intended to regulate unreasonable noise generated by activities, conduct, or temporary sound sources and is not intended to regulate the normal operation of lawfully established principal uses and essential public infrastructure.

For purposes of this section, "unreasonable noise" includes any sound that exceeds the customary and normal noise levels associated with a particular location, time, or activity and that disturbs the peace, quiet, comfort, or repose of others.

(b) No person, being the owner, occupant, tenant, person in possession of a premises, or person in control of a 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 to occur on such premises.

(c) The following acts are declared to be examples of unreasonable noise and are prohibited:

(1) Operating, playing, or permitting the operation of any radio, phonograph, television, tape player, compact disc player, loudspeaker, public address system, musical instrument, sound amplification system, or similar device in a manner that disturbs neighboring properties or persons.

(2) Conducting or permitting a party, gathering, event, or activity that generates unreasonable noise.

(3) Operating a sound amplification system from within a motor vehicle that can be heard outside the vehicle from a distance of 50 feet or more while the vehicle is operated or parked upon a street, highway, public place or private property open to the public.

(4) Operating, revving, accelerating, racing, or otherwise operating a motor vehicle in a manner that creates excessive noise from the engine, tires, exhaust system, or other mechanical components.

(5) Operating a motor vehicle with an exhaust system that has been modified, bypassed, removed, amplified, or otherwise altered from the manufacturer's original design in a manner that creates unreasonable noise.

(6) Using an engine compression braking device, commonly known as a "Jake Brake," except where necessary to avoid imminent danger or when operated by an emergency vehicle.

(7) Operating portable generators, compressors, power tools, lawn equipment, or similar portable equipment in a manner that creates unreasonable noise.

(d) In determining whether unreasonable noise exists, it shall not be necessary to obtain a sound level measurement. Consideration may be given to:

(1) The volume, intensity, and duration of the sound;

(2) The time of day or night;

(3) The proximity of the sound to residences, schools, hospitals, parks, churches, or other locations where quiet may reasonably be expected;

(4) Whether the sound is recurrent, intermittent, or continuous;

(5) Whether the sound was plainly audible beyond the property boundary from which it originated;

(6) Whether the sound would disturb a reasonable person of ordinary sensibilities.

(e) Exceptions. The provisions of this section 509.11 shall not apply to:

(1) The use of sound or audible signals for the purpose of requesting emergency assistance, warning of hazardous conditions, or protecting public health, safety, or welfare.

(2) Emergency vehicles, public safety vehicles, and emergency operations conducted by law enforcement agencies, fire departments, emergency medical services, public utilities, or governmental agencies while engaged in official duties.

(3) Activities conducted pursuant to a valid permit, license, or authorization issued by the City, including but not limited to parades, festivals, concerts, athletic events, fireworks displays, and other approved community events.

(4) Emergency construction, maintenance, repair, utility work, or other activities necessary to protect life, health, safety, property, or the continued operation of essential public services.

(5) City-authorized construction, maintenance, repair, snow removal, utility work, public improvements, and governmental operations.

(6) Lawful agricultural activities protected by Ohio law.

(7) The normal operation of lawfully established principal uses and associated permanently installed infrastructure serving an essential public, institutional, or utility function.

(f) Whoever violates this section is guilty of generating unreasonable noise.

(1) A first offense shall be a minor misdemeanor.

(2) If the offender persists in generating or permitting unreasonable noise after a reasonable warning or request to desist, the offense shall be a misdemeanor of the fourth degree.

(3) Upon a second or subsequent conviction under this section, each subsequent offense shall be a misdemeanor of the third degree.”

SECTION II: That any and all portions or parts of any other provisions of the Codified Ordinances of the City of Bellefontaine, Ohio, that are in conflict with the provisions of this Ordinance be, and hereby are, repealed. 

SECTION III:  That this Ordinance is hereby declared to be an emergency measure made necessary to protect the health, safety and welfare of said City, provide for its continuous uninterrupted services, and to allow for fee enforcement at the earliest possible time; and it shall, therefore, be in force and take effect immediately upon its passage and signature by the Mayor.

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