Cincinnati Municipal Code
Misdemeanors
910-7. Loud Noises.
No person, firm or corporation shall operate or cause to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, radio, phonograph or other sound-producing or sound-amplifying instrument so as to emit loud and raucous noises or in any other way create noise or sound in such a manner as to disturb the peace and quiet of a neighborhood or as to interfere with the transaction of business or other ordinary pursuits.
Nothing herein shall be construed to affect the reasonable giving of information for religious, educational, cultural or political purposes of the usual and reasonable operation of railways, airplanes and motor vehicles or to prohibit the reasonable use of automobile warning devices, the reasonable ringing of church bells, the reasonable and ordinary noises attendant on athletic contests or lawful public or semipublic meetings, parades or celebrations or the right of free speech guaranteed to the citizens of the United States.
The performance of one or two street musicians on unamplified musical instruments between the hours of 11:30 a.m. and 1:00 p.m. or between the hours of 5:30 p.m. and 10:00 p.m., for no more than a single period of 90 consecutive minutes in the vicinity of a single location and not closer than 100 feet to an open market as such are defined in section 845-3 CMC, shall not constitute a violation of this section.
Whoever violates this section is guilty of making loud noises, a minor misdemeanor.
(C.M.C. 910-7; ordained by Ord No. 523-1973. Eff. Jan. 1, 1974; a Ord. No. 392-1988; eff. Sept. 28, 1988; a. Ord. No. 331-1989, eff. Sept. 7, 1989; a. Ord. No. 373-1992, eff. Sept. 2, 1992)
Analagous to C.O. 901-W2, 901-67; r. Ord. No. 523-1973, eff. Jan 1, 1974.
See ORC 2917.11.
910-8 Nighttime Construction.
No person, association, firm or corporation, other than in the event of emergency, shall, between the hours from 11:00 p.m. to 7:00 a.m. the following day, engage in or undertake any construction or demolition activity or the operation of any mechanical, electrical or battery-operated apparatus which produces loud sound which disturbs the peace and quiet of the neighborhood within 500 feet of places of residence, hospitals or other residential institutions, without first obtaining a special permit from the director of buildings and inspections or the city engineer for such nighttime construction. For purposes of this section, construction shall include every operation regulated by the Cincinnati-Ohio Basic Building Code.
Violation of this section shall be a misdemeanor of the fourth degree.
(Ordained by Ord. No. 272-1987, eff. July 31, 1987)
910-9. Loud Musical Noises.
No person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment shall permit, nor shall any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment engage in, the playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noises.
It shall be prima facie unlawful for any person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment to permit, or for any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment to engage in, the playing or rendition of music of music of any kind, singing, loud talking, amplification of sound, or other noises on of about the premises during the night season after 11:00 p.m.
In every charge of violation of this section the affidavit shall state the hour at which the offense is alleged to have occurred.
Whoever violates this section is guilty of making loud musical noises, a minor misdemeanor.
(C.M.C. 910-9; ordained by Ord. No. 523-1973, eff. Jan. 1, 1974)
Analogous to C.O 901-L8; a. Ord. No. 194-1973, eff. June 1, 1973; r. Ord. No. 523-1973. Eff. Jan. 1, 1974.
See ORC 2917.11.
From The City Bulletin, July 14, 1987
AN ORDINANCE No. 271-1987
Modifying the provisions of Chapter 721, Streets and Sidewalks, Cincinnati Municipal Code, by amending existing Section 721-35, Rules and Schedules, to prohibit noisy nighttime construction that disturbes the peace and quiet of a neighborhood other than by special permit.
BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio:
Section 1. Existing Section 721-35 of the Cincinnati Municipal Code is amended to read:
Sec. 721-35. Rules and Schedules. A complete set of rules and regulations shall be prepared by the director and approved by the city manager, describing in detail the procedure to be observed in obtaining permits and precautions to be taken in acting under the permits when issued. Specifications shall also be similarly prepared describing the manner in which restoration work shall be done. The rules and regulations shall contain a schedule of prices to be charged for various size openings in various kinds of paving, due regard being had to the kind of service to be rendered by the department
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in connection with the restoration work. The city manager shall have to right to change the rules, regulations and specifications and to revise the schedule of prices whenever the interests of the city require such change of revision.
The city engineer may issue permits for nighttime construction between the hours of 11:00 P.M. and 7:00 A.M. the following day, where the applicant demonstrates it is in the interest of public safety that operations be conducted during those hours.
Section 2. Existing Section 721-35 of the Cincinnati Municipal Code is hereby repealed.
Section 3. This ordinance shall go into effect 30 days after passage or as soon thereafter as allowed by law.
Passed July 1, A.D., 1987
CHARLES J. LUKEN, Mayor
Attest: SANDY L. SHERMAN, Clerk.
7-14-1t
AN ORDINANCE No. 272-1987
Modifying the provisions of Title IX, Misdemeanors, of the Cincinnati Municipal Code, by ordaining supplementary Section 910-8, Nighttime Construction, to prohibit noisy nighttime construction that disturbes the peace and quiet of a neighborhood other than by special pemit.
BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio:
Section 1. Supplementary Section 910-8 of Title IX, Misdemeanors, of the Cincinnati Municipal Code is ordained to read:
Sec. 910-8. Nighttime Construction.
No person, association, firm or corporation, other than in the event of emergency, shall between the hours from 11:00 P.M. and 7:00 A.M. to following day engage in or undertake any construction or demolition activity or the operation of any mechanical, electrical or battery operated apparatus which produces loud sound which distrubs the peace and quiet of the neighborhood within 500 feet of places of residence, hopitals or other residentrial institutions, without first obtaining a special permit from the director of buildings and inspections or the city engineer for such nighttime construction. For purposes of this section, construction shall include every operation regulated by the Cincinnati-Ohio Basic Building Code.
Violation of this ordinance shall be a misdemeanor of the fourth degree.
Section 2. This ordinance shall go into effect 30 days after passage of as soon thereafter as allowed by law.
Passed July 1, A.D., 1987
CHARLES J. LUKEN, Mayor
Attest: SANDY L. SHERMAN, Clerk.
7-14-1t
AN ORDINANCE No. 293-1987
Modifying the provisions of Title XI, the Cincinnati-Ohio Basic Building Code, of the Cincinnati Municipal Code by ordaining supplementary Section 1101-107, Nighttime Construction that would otherwise be prohibited as disturbing the peace and quiet of the neighborhood.
WHEREAS:
New Section 910-8 of the Cincinnati Municipal Code prohibits nighttime* loud noises so to disturb the peace and quiet of the neighborhood.
By Section 910-8, nighttime construction may be undertaken, however, pursuant to a permit issued by the Direcor of Buildings and Inspections.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cincinnati, Stateof Ohio:
Section 1. Supplementary Section 1101-107 of Title XI, the Cincinnati-Ohio Basic Building Code, of the Cincinnati Municipal Code is hereby ordained to read:
Sec 1101-107. Nighttime Construction Permits.
1101-107.1. Permits: The city engineer and/or the director of buildings and inspections may issue permits for nighttime construction between the hours of 11:00 P.M. and 7:00 A.M. the following day, where the applicant demonstrates it is in the interst of public safety that operations be conducted during those hours.
Section 2. This ordinance shall go into effect 30 days after passage or as soon thereafter as allowed by law.
*Amended on the floor of Council Session July 1, 1987.
Passed July 1, A.D., 1987
CHARLES J. LUKEN, Mayor
Attest: SANDY L. SHERMAN, Clerk.
7-14-1t
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TO MODIFY Division 910 of Chapter 904 of the Cincinnati Municipal Code by enacting a new ordinance, Section 910-10, Excessive Sound from a Motor Vehicle, to provide for the control of the amplification of sound coming from a motor vehicle sound system when the sound is of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
WHEREAS, excessive sound is a form of pollution and has a direct and harmful effect upon the health and welfare of persons exposed to such sound and adversely affects the peace and quiet of neighborhoods within the City of Cincinnati; and
WHEREAS, sound systems, such as radios, compact disc (CD) players and cassette deck players with speakers, contained in motor vehicles have been dramatically improved to a stage whereby the sound from the system can be amplified to a level of sound which if not controlled may be heard by persons outside the motor vehicle; and
WHEREAS, occupants of a motor vehicle wherein there is excessive sound from a sound system are exposed to the danger of hearing loss; and
WHEREAS, a sound system contained in a motor vehicle is intended for the enjoyment of the operator of the motor vehicle and the motor vehicle's occupants and not for those using the public streets or residents of the neighborhood wherein the motor vehicle is traveling or parked; and
WHEREAS, excessive sound from the sound system of a motor vehicle causes distractions to other travelers using the public streets and creates a safety hazard; and
WHEREAS, in a residential or business district excessive sound from the sound system of a motor vehicle creates a hazard for the public at large who may not hear the approach of an emergency vehicle or warning horn blast indicating an emergency due to the sound from the motor vehicle; and
WHEREAS, Council finds that excessive noise or sound generated from the sound system causes inconvenience and annoyance to the inhabitants of the City and presents a safety hazard to users of the public streets, now, therefore,
BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio:
Section 1. That Section 910-10 of the Cincinnati Municipal Code is hereby enacted to read as follows:
Chapter 904, Division 910.
Sec. 910-10. Excessive Sound From a Motor Vehicle.
(A) No person, firm or corporation being the owner or person in possession of a motor vehicle with any radio, phonograph, television, tape player, loud speaker or any other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
(B) It shall be prima facie unlawful for a person, firm, or corporation being the owner or person in possession of a motor vehicle with a device described above to cause or permit any noise emanating from a motor vehicle which is plainly audible at a distance of 50 feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(C) 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 or public safety vehicle and is on an emergency run;
(3) The motor vehicle is owned and operated by the state or a 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.
(D) Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor.
Section 2. This ordinance shall take effect and be in force from and after the earliest period allowed by law.
Passed May 8, A.D., 1996