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$ <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 99-11 <br />BY.• MAYOR MUSIAL <br />AN ORDINANCE AMENDING SECTION 555.03 OF THE <br />NOISE CONTROL CODE OF THE CITY OF NORTH <br />OLMSTED, ENTITLED "SPECIFIC PROHIBITIONS" SO AS <br />TO PROHIBIT THE OPERATION OF TOW MOTORS, <br />PAYLOADERS, BACKHOES AND SIMILAR MOTORIZED <br />VEHICLES USED FOR LOADING, UNLOADING AND/OR <br />TRANSPORTING GOODS ON ANY PREMISES, WITHIN 175 <br />FEET OF ANY RESIDENTIAL LOT LINE BETWEEN THE <br />HOURS OF 9: 00 P. M. AND 8: 00 A. M., AND DECLARING AN <br />EMERGENCY AS AMENDED. <br />WHEREAS, the Administration has received complaints from residents living near the <br />retail shopping areas at Great Northern Shopping Center concerning unreasonable noise being <br />generated late at night by tow motors, payloaders and backhoes; and <br />WHEREAS, this Council, having investigated the matter, finds that operating tow motors, <br />payloaders and backhoes within 175 feet of residential lot lines between the hours of 9:00 p.m. <br />and 8:00 a. m. creates an unreasonable amount of noise which interferes with the lawful use, <br />enjoyment, and tranquility of residential neighborhoods, and is therefore a nuisance which should <br />be prohibited; and <br />WHEREAS, present Section 555.03 of the Noise Control Code does not presently <br />specificaily prohibit this nuisance activity; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 555.03 of the Noise Control Code of the City of North <br />Olmsted, entitled "Specific Prohibitions," which presently reads as follows: <br />"555.03 SPECIFIC PROHIBITIONS. <br />The following acts, and the causing or permitting thereof, are declared to be in violation <br />of this chapter: <br />(a) Animals and Birds. Owning, possessing or harboring any animal or bird which <br />frequently or for continued duration, howls, barks, meows, squawks, or makes <br />other sounds which create a noise disturbance across a residential real property <br />boundary. <br />(b) Places of Public Entertainment. Operating, playing or permitting the operation or <br />