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Marion, OH Noise from Specific Sources: HVAC & Mechanical Noise (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
§ 634.03(A), Air Conditioners
Equipment named
Refrigeration machinery, air-conditioning, air compressors, rotating or reciprocating machinery
Effect
Declared not a violation of Chapter 634
Hours or decibel figure in § 634.03(A)
None printed
Separate limit
§ 634.04 Table I applies to any source of sound on private property
Variance authority
Safety/Service Director under § 634.07

Summary

In the City of Marion, Ohio, § 634.03(A) declares that maintaining or using refrigeration machinery or air-conditioning, consisting of air compressors or rotating or reciprocating machinery, is not a violation of the Noise Control chapter. Section 634.04 separately caps sound from any source on private property by zoning designation.

The following acts, and the causing or permitting thereof, are declared to not be in violation of this chapter. (A) Air Conditioners. Maintaining or using any refrigeration machinery or air-conditioning, consisting of air compressors or rotating or reciprocating machinery.

Full Breakdown

Chapter 634 of the Marion Codified Ordinances handles air conditioning and refrigeration equipment as a listed exception, not as a regulated noise source. Section 634.03 opens by declaring that the acts listed beneath it, and the causing or permitting of them, are not in violation of the chapter. The first item, § 634.03(A), is headed Air Conditioners and covers maintaining or using any refrigeration machinery or air-conditioning, consisting of air compressors or rotating or reciprocating machinery. That wording reaches the compressor and moving parts of a cooling unit, which is the part of the equipment that makes the noise.

Section 634.03(A) itself prints no decibel figure, no operating hours and no equipment standard. Compare the neighboring items: construction under § 634.03(B), domestic power tools under § 634.03(C) and radios under § 634.03(I) are each tied to the hours of 6:00 a.m. and 2:00 a.m., while the air conditioner item has no hours at all.

The rest of the chapter still sits beside it. Section 634.02 prohibits any person from unreasonably making, continuing or permitting a noise disturbance, and § 634.04(A) is written to reach any source of sound on private property, with Table I limits of 70, 65 and 60 decibels for residential property across its three time blocks and 75, 70 and 65 for commercial. The code text does not say in § 634.03(A) how the exemption is meant to interact with Table I, so a neighbor's complaint about a unit is read against both provisions. Section 634.10 preserves any common law or statutory cause of action for injury or damage, and § 634.07 gives the Safety/Service Director authority to grant special variances.

Violations & Fines

The air conditioner item is an exception, so equipment covered by § 634.03(A) is declared not to violate Chapter 634. Where a violation of another section of the chapter is found, § 634.99 makes it a minor misdemeanor, or a misdemeanor of the fourth degree if the offender persists after reasonable warning or request to desist. Section 698.02 sets the fine at not more than $150.00 for a minor misdemeanor and not more than $250 for the fourth degree.

Frequently Asked Questions

Does Marion, Ohio ban running an air conditioner at night?
No hour limit is printed. Section 634.03(A) declares that maintaining or using refrigeration machinery or air-conditioning, consisting of air compressors or rotating or reciprocating machinery, is not a violation of Chapter 634. Other items in § 634.03 carry the window of 6:00 a.m. to 2:00 a.m., but the air conditioner item does not.
Do the decibel limits in Table I still apply to an AC unit?
Section 634.04(A) says no person shall permit on private property any source of sound that exceeds Table I, and the code text does not spell out how the § 634.03(A) exemption interacts with it. Residential limits are 70, 65 and 60 decibels across the three time blocks, and commercial limits are 75, 70 and 65.
Can a neighbor still take legal action over a noisy unit?
Section 634.10 says no provision of Chapter 634 is to be construed to impair any common law or statutory cause of action, or legal remedy, of any person for injury or damage arising from a violation of the chapter or from other law. A private civil claim is therefore not displaced by the chapter.
Who can grant relief from the noise chapter in Marion?
Under § 634.07, the Safety/Service Director or a designated representative can grant special variances. An application must show that compliance would be an unreasonable hardship on the applicant, the community or other persons. Notice goes to persons who frequent the area, and a granted variance carries conditions including a time limit.

Sources & Official References

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