Willoughby Hills ban fireworks within city limits


WILLOUGHBY HILLS, Ohio (WOIO) – As the Fourth of July celebrations near, Willoughby Hills Police reminded the community that fireworks are not permitted within city limits.

Police shared these City Ordinances that apply to fireworks and the associated penalties:

509.10 LOUD RAUCOUS AND UNNECESSARY NOISE.

(a) No person and/or entity (ie partnership, property owner, tenant, manager, company, firm, corporation) shall make or continue, or cause to be made or continued, any loud, unnecessary and raucous noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area of ​​the noise, including, but not limited to, the playing of any radio, music player, television, audio system, musical instrument or any other sound instrument or device; the use of construction equipment; the use of mechanical or motorized equipment.

(b) The standards which shall be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:

(1) The level of the noise;

(2) Whether the nature of the noise is usual or unusual;

(3) Whether the origin of the noise is natural or unnatural;

(4) The level and the intensity of the background noise, if any;

(5) The proximity of the noise to residential sleeping facilities;

(6) The nature and zoning of the area within which the noise emanates;

(7) The density of the inhabitation of the area within which the noise emanates;

(8 ) The time at which the noise occurs;

(9) The duration of the noise;

(10) Whether the noise is recurrent, intermittent, or constant;

(11) Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 2008-66. Passed 9-11-08.)

(c) Whoever violates this section is guilty of making loud, unnecessary, raucous noises, a minor misdemeanor upon conviction for a first offense; If the offender is convicted of a violation of this section twice within any twelve month period the violation for which such second or subsequent offense within such twelve month period shall be a special misdemeanor for which the offender may be fined up to five hundred dollars ($500.00 ).

(Ord. 2008-71. Passed 9-25-08.)

1511.04 POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.

(a) No person shall possess fireworks in this Municipality or shall possess for sale or sell fireworks in this Municipality, except as provided in Sections 1511.05 and 1511.06

(b) Except as provided in Sections 1511.05 and 1511.06 and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio RC 3743.50 to 3743.55 and Section 1511.02, no person shall discharge, ignite or explode any fireworks in this Municipality.

(c) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulfur.

(d) No person shall sell fireworks of any kind to a person under eighteen years of age.

(e) No person shall advertise fireworks for sale. A sign located on a seller’s premises identifying him as a seller of fireworks is not the advertising of fireworks for sale.

(Ord. 2002-39. Passed 3-28-02.)

1511.99 PENALTY.

(a) Whoever violates or fails to comply with any provision of Section 1511.02 of this chapter upon conviction of the first offense shall be deemed guilty of a felony of the third degree fined as determined by the court or imprisoned not more than 24 months or both for each offense.

(b) Whoever violates any provision of this chapter except Section 1511.02 upon conviction of the first offense shall be deemed guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars or imprisoned not more than six months, or both for each offense. Any person convicted of subsequent violation of this chapter shall upon conviction be guilty of a felony of the third degree fined as determined by the court or imprisoned not more than 24 months or both for each offense. Such person shall be deemed guilty of separate offenses for each day, every day, or portions thereof during which any violation of the provisions of this chapter is committed, permitted, or continued.

(c) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(d) The imposition of any penalties provided herein shall not preclude Law Director from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent unsafe conditions, or to restrain, correct, or abate violation, or to require compliance with chapter or other applicable laws, ordinances, rules or regulations, or the orders of the Fire Chief.

(Ord. 2002-39. Passed 3-28-02.)

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