The Village of Bluffton, Ohio | Departments

Ordinances of Interest

CURFEW

While most of the residential communities in Allen County as well as the unincorporated areas of Allen County utilize a tiered standard for juvenile curfew rules, Bluffton has a simple standard. Our curfew ordinance requires anyone under 18 years of age to be at home by 12:00 midnight.

139.20 Curfew

(A) It shall be unlawful for any minor under the age of 18 years to be upon the public streets, sidewalks, alleys, parks, playgrounds, places of amusement and entertainment, or other unsupervised places between the hours of 12:01 a.m. and 6:00 a.m., provided the provisions of this section do not apply to minor child or children under the age of 18 years accompanied by his parent, guardian, or other adult person having the care and custody of the minor or where the minor is on an emergency errand, legitimate business, or activity directed or supervised by his parent, guardian or other adult person having the care and custody of such minor.

(B) Whoever, being the parent, guardian or person having the care and custody of a minor, shall allow or permit such minor to violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided hereinafter.

(C) Any person who shall aid, abet, influence, or encourage a minor to violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided hereinafter.

(D) Whoever shall violate any of the provisions of this section shall be fined in any sum not to exceed $50 or imprisoned for not more than 3 days, or both. (Ord. 13-72, passed 9-5-72)

SOUND AMPLIFICATION SYSTEMS

This ordinance outlines requirements and prohibitions for motor vehicles with loud music and/or amplification devices.

93.50 Loud Sound Amplification Systems

(A) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty feet or more from the vehicle.

(B) No person shall operate or permit the operation of any sound amplification system so that the sound is plainly audible at a distance of fifty feet or more from the location of said sound amplification system.

(C) “Sound amplification system” means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of human voice.

(D) “Plainly audible” means any sound produced by a sound amplification system which can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Word or phrases need not be discernible and base reverberations are included.

(E) It is an affirmative defense to a charge under this Ordinance that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

1. The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

2. The vehicle was an emergency or public safety vehicle;

3. The vehicle was owned and operated by the Village of Bluffton or a gas, electric, communications, or refuse company;

4. The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons;

5. The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the Village authorized to grant such approval.

(F) Whoever violates any provision of this Ordinance is guilty of a minor misdemeanor. If, within one year of the offense, the offender has been convicted of or plead guilty to one or more violations of this Ordinance, the violation is a misdemeanor of the fourth degree.

(G) Parental Notification: If the offender is a juvenile and is receiving a warning for violating this Ordinance, the parents of such juvenile will be contacted and informed of the violation or warning.

SNOW EMERGENCY

The county sheriff in authorized to issue snow emergency advisories and warnings. In general, a Level 1 alert cautions motorists to potentially hazardous roadway conditions; a Level 2 Alert strongly cautions motorists because of blowing, drifting or icy conditions; and a Level 3 Alert is a prohibition against any non-emergency vehicular travel. During a Level 3 Alert motorists may be cited by police for driving on the roadways.

The Village of Bluffton passed an ordinance dealing with parking restrictions during a snow event.

76.50 Parking during Snow Emergency

(A) A Snow Emergency exists where freezing rain or 2” or more of snow has fallen whereas constituting a serious public hazard.

(B) That during such snow emergency, in order to properly clean streets, vehicles will be legally parked on all Village Streets except for the downtown business districts between College Avenue and Jefferson Street and Jackson Street and Vance Street, and any streets which currently restrict parking to one side of the street only, when

(1) On odd-numbered calendar days, vehicles are parked on the side of the street which has odd-numbered building addresses, and

(2) On even-numbered calendar days, vehicles are parked on the side of the street which has even-numbered building addresses.

(C) That no vehicles shall be permitted to park in Village parking lots or in the downtown business districts between College Avenue and Jefferson St and Jackson St. and Vance St., or any streets which currently restrict parking to one side of the street only, for a longer continuous time than twenty-four hours until such time that the snow has been cleaned up.

(D) That whenever any police officer finds a vehicle parked in violation of this Ordinance, such officer may require the driver or other person in charge of the vehicle to move the same, to a position off the street or parking lot, or such officer may cause the vehicle to be moved or impounded at the owner’s expense.

(E) That whoever violates the provisions of this Ordinance shall be guilty of a minor misdemeanor and may be fined not in excess of One Hundred ($100) Dollars.

NOISE LIMITATIONS

In response to increased noise complaints from residential neighborhoods, an ordinance was enacted to address nuisance noises.

92.51 Noise Limitations

(A) The following acts, or the causing or permitting thereof, are declared to be in violation of this ordinance:

(1) No person shall operate or permit the operation or playing of any radio, television, phonographic, amplified musical instrument, loudspeaker, music or voice reproduction device, or any device, including, but not limited to, animals, vehicles, explosive devices, and equipment, which produces, reproduces or amplifies sound:

(a) In such a manner as to create a noise disturbance across a boundary of property;

(b) In such a manner as to create a noise disturbance in or at a public place; or

(2) Exceptions. This section shall not apply to the following:

(a) Functions specifically permitted by the Ohio Revised Code, or other Village of Bluffton ordinance;

(b) Construction, repair, or property maintenance (including, but not limited to mowers, trimmers, edgers, blowers, snow blowers, pool pumps, and power tools) when conducted between the hours of 6 AM and 9 PM;

(c) Infrequent repair, rebuilding, reconstruction or dismantling of any motor vehicle between the hours of 6 AM and 9 PM;

(d) Trash collection vehicle operation;

(e) Emergency Operations: Sound generated in the performance of emergency operations including, but not limited to, audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger;

(f) Sound sources typically associated with residential uses (including, but not limited to children at play, and air conditioners in good working order);

(g) Safety, warning and alarm devices, including house and car alarms, and other warning devices that are designed to protect health, safety and welfare, provided such devices are not negligently maintained or operated;

(h) Sounds generated from public or private schools and athletic contests or practices, and other school activities;

(i) Transient sounds generated by transportation including, but not limited to, public and private airports, aircraft, railroads and other means of public transit;

(j) Emergencies, involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including, but not limited to, sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment;

(k) Sounds generated from the operation of a public facility or public use;

(l) Sound sources associated with agricultural operations on agricultural land which are carried out in any manner consistent with the practice and within standards of the agricultural industry;

(m) Sounds generated by church bells or chimes or other church activities;

(n) Sound emanating from a civic or public function for which a Special Event Permit has been issued by the Village;

(o) Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression; and

(p) The exceptions mentioned in this section shall not be effective if the act is determined to be a willful or wanton disregard for others.

(B) For purposes of this ordinance, a noise disturbance means any unreasonably loud, raucous, disturbing or unnecessary noise; and noise of such character, intensity or duration as to disturb the peace, quiet and good order of the Municipality or which is likely to be detrimental to or cause inconvenience or annoyance to a person of ordinary sensibilities; or any other noise or sound created in such a manner as to disturb the peace and quiet of residents or of a neighborhood in the Municipality.

(C) (1) Except for (C)(2) below, no person shall be charged with a violation of this ordinance unless a minimum of two complaining parties residing in separate residences complain about the same noise or annoyance in the same time frame. Law Enforcement officials shall record the complaining parties’ information and include the information as a matter of course with the filing of the complaint.

(2) When a violation is committed in the presence of a police officer, such officer shall have the authority to initiate all necessary proceedings to enforce this ordinance.

(D) Penalties:

(1) Whoever violates this section shall be fined one hundred dollars ($100.00) for the first conviction, two hundred fifty dollars ($250.00) for the second conviction within two years of the first conviction, and five hundred ($500.00) for a third or subsequent conviction within two years of the first conviction.

(2) No part of any such fine shall be suspended or otherwise reduced.

JUNK VEHICLES

This ordinance deals with inoperative or unlicensed vehicles.

Persons who receive notice from the police department that a vehicle is in violation of this ordinance have ten (10) days if the vehicle is parked on private property, or forty-eight (48) hours if the vehicle is parked on public property to either remove, license, or properly store the vehicle. Anyone who fails to rectify the situation in accordance the Ordinance may be cited to court.

30-02 Parking and Storage of Unlicensed Vehicles

(A) No person shall park, store, keep or otherwise suffer any motor vehicle that is inoperable or unlicensed or both, to be stored or parked in any residential district of the Village of Bluffton unless stored or parked at all times in a complete enclosure that meets the requirements of the district or zone as set forth herein.

GOLF CARTS

The Village of Bluffton does have an ordinance that allows golf carts to be driven on certain village streets. Golf cart operators must comply with all standard motor vehicle laws established for automobiles. This includes having the necessary equipment, having the cart inspected by a Police Agency (Bluffton PD does not do inspections locally), obtaining a title, license plates, and insurance coverage for the golf cart, and operating in accordance with Ohio laws. Golf carts are only allowed to be driven on village streets with speed limits of 35MPH and lower. Golf carts are not permitted on SR 103 beyond County Line Rd. The Pandora Police Department currently does inspections on golf carts to make sure they are equipped properly and able to be operated on public roadways.

ORDINANCE NO. 09-11

AN ORDINANCE ENACTING SECTION 72.199 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF BLUFFTON, OHIO TO PERMIT AND REGULATE THE OPERATION OF CERTAIN GOLF CARTS, UTILITY VEHICLES, AND OTHER UNDER SPEED VEHICLES IN THE VILLAGE OF BLUFFTON, OHIO, AND DECLARING AND EMERGENCY.

WHERE AS, The Village of Bluffton Council recognizes the growing popularity and trend of using golf carts adapted for street use as an acceptable mode of transportation in the Village of Bluffton; and

WHEREAS, The Village of Bluffton Council recognizes and accepts that existing Ohio Revised Code and Ohio Administrative Code addresses various aspects of golf cart inspection, titling, registration, and use; and

WHEREAS, The Village of Bluffton Council desires to permit and regulate the operation of golf carts, utility, and under speed vehicles in the Village of Bluffton; and

WHEREAS, the Village of Bluffton Council desires to establish rules regulating the operation, insurance, inspection, and registration of golf carts, utility, and under speed vehicles, and providing for a penalty for violating the said rules and regulations, as relating to the Ohio Revised Code and Bureau of Motor Vehicles requirements.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF BLUFFTON, OHIO:

SECTION 1: That Section 72.199 of the Codified Ordinances is hereby enacted to read as follows:

72.199 (A) DEFINITIONS

(1) “Golf cart” is defined as a vehicle powered by gas or electricity and is the type of vehicle typically operated on a golf course and includes under speed vehicles, with an attainable speed in one mile on a paved level surface of not more than twenty miles per hour and with a gross vehicle weight rating less than three thousand pounds.

(2) “Low Speed Vehicle” means a three or four wheeled motor vehicle with an attainable speed in one mile on a paved level surface of more than twenty miles per hour but not more than twenty-five miles per hour and with a gross vehicle weight rating less than three thousand pounds.

(3) “Utility Vehicle” means a self-propelled vehicle designed with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activity.

(4) “Operator” means any person who operates or is in actual physical control of a golf cart, utility vehicle, or other low speed vehicle.

(5) “Owner” means any person or entity, other than a lien holder or dealer having title to a golf cart, utility vehicle, or other low speed vehicle or legal rights to possession thereof.

72.199 (B) EQUIPMENT

(1) Golf carts, utility vehicles, or other low speed vehicles operated on the streets, highways, and public property within the Village of Bluffton, Ohio, shall have a minimum of the following functional equipment there on:

(a) At least one working rear red colored tail light

(b) License plates in the front and rear of the golf cart, bracketed to the cart

(d) At least one working brake light

(e) Two headlights, white or clear in color

(f) A horn

(g) A rearview mirror

(h) A windshield

(i) Windshield wiper

(j) Turn signals

(k) Brakes sufficient to stop within 40 feet

(l) An emergency brake sufficient to hold the vehicle on any grade

(m) Working exhaust system if the unit has an internal combustion engine

(n) One seat belt per occupant of the cart

(o) A child safety seat installed to manufacturer specifications for any occupant under the age of four or under 40 pounds in weight

(p) A child booster safety seat installed to manufacturer specifications for any occupant between the ages of four and eight or under 4’9” in height

(2) Whoever violates this section shall be guilty of a minor misdemeanor and fined not more than $100.

72.199 (C) LICENSING REQUIREMENTS OF OPERATOR

(1) The operator of a golf cart, utility vehicle, or other low speed vehicle on public roadways or on public property in the Village of Bluffton shall have a valid driver’s license.

(2) The operator of a golf cart, utility vehicle, or other low speed vehicle on public roadways or on public property in the Village of Bluffton shall be no less than 16 years of age.

(3) Whoever violates this section shall be guilty of a minor misdemeanor, and

subject to a fine of not more than $100.

72.199 (D) INSURANCE REQUIREMENTS OF OWNER AND OPERATOR

(1) The owner of a golf cart, utility vehicle, or other low speed vehicle that is driven on public roadways or on public property in the Village of Bluffton shall carry liability insurance thereon as required by the Ohio Revised Code 4509.101 (A)(1).

(2) The operator of a golf cart, utility vehicle, or other low speed vehicle that is driven on public roadways or on public property shall have in his possession proof of insurance while operating the golf cart.

(3) Whoever violates this section shall be guilty of a minor misdemeanor, and subject to a fine of not more than $100.

72.199 (E) INSPECTION AND TITLE REQUIREMENTS

(1) No person shall operate a golf cart, utility vehicle, or other low speed vehicle on public roadways or on public property in the Village of Bluffton without first obtaining an inspection by the Chief of Police, the County Sheriff, or the law enforcement official of another jurisdiction within the State of Ohio to ensure compliance with State laws and this ordinance.

(2) No person shall operate a golf cart, utility vehicle, or other low speed vehicle on the public roadways or on public property in the Village of Bluffton without a Certificate of Inspection in his possession.

(3) No person shall operate a golf cart, utility vehicle, or other low speed vehicle on public roadways or on public property without first obtaining a Certificate of Title from the Clerk of Courts.

(4) Whoever violates this section shall be guilty of a minor misdemeanor and fined not more than $100.

72.199 (F) PROHIBITED ACTS

(1) No person shall operate a golf cart, utility vehicle, or other low speed vehicle on public roadways or on public property in the Village of Bluffton without first ensuring all occupants are securely seated in a fixed seat and wearing all available elements of a properly adjusted safety belt that is fixed to the vehicle.

(2) No person, being an operator of a golf cart, utility vehicle, or other low speed vehicle operated on public roadways or on public property in the Village of Bluffton, shall fail to wear all available elements of a properly adjusted safety belt that is fixed to the vehicle.

(3) No person, being a passenger of a golf cart, utility vehicle, or other low speed vehicle operated on public roadways or on public property in the Village of Bluffton, shall fail to wear all available elements of a properly adjusted safety belt that is fixed to the vehicle.

(4) No person shall operate a golf cart, utility vehicle, or other low speed vehicle on restricted areas of the public bicycle path, except municipal employees operating municipal vehicles in accordance with their duties.

(5) No person shall operate a golf cart, utility vehicle, or other low speed vehicle that has an attainable top speed in excess of 25 mph on a public roadway or on public property.

(6) Whoever violates this section shall be guilty of a minor misdemeanor and fined accordingly:

(a) A violation of sections F (1), F (4), and F (5) of this ordinance shall be guilty of a minor misdemeanor and fined not more than $100

(b) A violation of section F (2) of this ordinance shall be guilty of a minor misdemeanor and fined not more than $30.

72.199 (G) ACCIDENT REPORTS

(1) The owner or operator of a golf cart, utility vehicle, or other low speed vehicle involved in any accident resulting in injury or death to any person shall immediately report the accident to the police department.

(2) The owner or operator of a golf cart, utility vehicle, or other low speed vehicle involved in any accident resulting in damage to the property of any person in excess of $100 shall report the accident within 24 hours to the police department.

(3) Whoever violates this section shall be guilty of a first degree misdemeanor and subject to a fine of not more than $1,000 and imprisonment of not more than 6 months.

SECTION 2: That an emergency exists in the operations of the Village of Bluffton whereby failure to act will be detrimental to the public health, welfare and safety of the inhabitants thereof.

SECTION 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

INTOXICATION

SECTION 1: That the Ohio Basic Code as enacted by the Village of Bluffton shall be amended to include the following section.

132.20 INTOXICATION

(A) No person shall be found in the state of intoxication or, being intoxicated, shall disturb the peace and good order or shall conduct himself or herself in a disorderly manner.

(B) Whoever violates this section is guilty of a minor misdemeanor.

SECTION 2: That and emergency exists in the operation of the Village whereby failure to act will be detrimental to the public health, welfare and safety of the inhabitants thereof.

SECTION 3: That it is found and determined that all formal actions of the Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in-compliance with all legal requirements including Section 1212.22 of the Ohio Revised Code.

Police Department Home

INSIDE THE DEPARTMENT