69-80 515.02 (dd) & 515.04 (n) noise by excess vibration

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ORDINANCE NO. 69-80 BY: Gallagher, Graham, McBride, Salmon, Wendling, Brown, Chinnock · AN EMERGENCY ORDINANCE to supplement Chapter 515 of the General Offenses Code of the Codified Ordinances of the City of Lakewood by enacting new paragraph (dd) of Section 515.02 and new paragraph (n) of Section 515.04 to provide for control of noise disturbance caused by excess vibration. WHEREAS, on December 6, 1976 this Council adopted a comprehensive Noise Control Ordinance, and WHEREAS, subsequent to the adoption of said ordinance, complaints have arisen relating to noise disturbance caused by excess vibration, and WHEREAS, this Council determines that it is in the best interest of the City to incorporate control of noise diSturbance caused by excess vibration into the ordinance relating to noise control, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public peace, health, welfare and safety and for the usual daily operation of a municipal department;'now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 515.02 of the General Offenses Code of the Codified Ordinances of the City of Lakewood be and the same is hereby supplemented by enacting new paragraph (dd) to read as follows: 515.02 DEFINITIONS. The following words and terms shall, throughout this chapter, have the meaning given as hereinafter set forth and defined. All terminology used in this ordinance, not defined below, shall be in conformance with applicable-publications of the American National Standards Institute (ANSI) or its successor body.--- ~ (dd) "Vibration" means an oscillatory motion of solid bodies of deterministic or random nature described by displace- ment, velocity, or acceleration with respect to a given reference point. Section 2. That Section 515.04 of the General Offenses Code of the Codified Ordinances of the City of Lakewood be and the same is hereby supplemented by enacting new paragraph (n) to read as follows: 515.04 SPECIFIC PROHIBITIONS. The follQwing acts, and the causing or ~ermitting thereof, are declared to be in violation of this chapter; (n) Vibration. Operating or permitting the operation of any 'device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.