509.09   NOISE; ADVERTISING.
   (a)   Definitions.  The following words and phrases when used in this chapter shall have the meanings herein described:
      (1)   “Amplified sound” means any sound augmented by any electronic means that increases the sound level or volume.
      (2)   “Business establishment” means any commercial establishment, including establishments that are required to obtain a Liquor Permit Premise.
      (3)   “Dwelling unit”, also known as a “residence” means one or more rooms connected together and containing sleeping facilities, which facilities are occupied, whether or not fit for temporary or overnight rental by one or more persons, and as defined in Ohio R.C. 2909.01(c) as an “occupied structure”.
      (4)   “Live music” means any sound comprised of instrumental music, song, or a combination of instrumental music and song, produced in whole or in part by a singer vocalizing or by a musician playing a musical instrument on the same premises as the sound source.
      (5)   “Person(s)” means any individual, association of individuals, business or legal entity.
      (6)   “Plainly audible sound” means any sound for which the information content of the sound is unambiguously communicated to the listener, including (without limitation) understandable words, comprehensible musical rhythms, beat or cadence, bells, horns, whistles, or other unreasonably loud noises.
      (7)   “Receiving property” means any lot, parcel of land, public space, institution or dwelling unit onto which sound, not originating therefrom, travels.
      (8)   “Recorded music” means any sound comprised of instrumental music or song, or combination hereof, produced and generated by a speaker, loudspeaker, radio, television, tape deck, recorder player, compact disc player, jukebox, or other sound- producing device.
      (9)   “Sound source” means the place from which amplified sound emanates without limitation to a speaker, loudspeaker, or any other sound-producing instrument or person.
   (b)   Unreasonably Loud Noise.
      (1)   No person shall knowingly or recklessly cause any amplified sound, live music, recorded music, or other noise to cross real property boundaries at such a volume as to:
         A.   Disrupt the normal daily activities, including, but not limited to sleeping, studying, and dining of persons within a residence or disrupt the normal daily activities, including, but not limited to, work of persons within a place of business;
         B.   Noise shall be presumed “unreasonably loud” if uninvited noise is plainly audible at a residential receiving property, or part thereof, greater than 100 feet away from the property line of the sound source.
      (2)   No person shall knowingly or recklessly cause an uninvited or disruptive level of plainly audible sound, amplified sounds, live music, recorded music, or other noise, at a volume that causes actual interference with a person’s peaceful enjoyment of a residence or the peace and good order of the community.
         A.   A disruptive or uninvited level of amplified sound, live or recorded music, or other noise is any unreasonably loud or disturbing noise of a character, intensity, raucousness or direction as to be detrimental to the life, health or welfare of any person, whether on a steady or intermittent basis.  At all times, amplified sound, live music, recorded music, or other noise that is plainly audible and that meets either of the following criteria is prohibited:
            1.   Noise that is unreasonably loud or disturbing; or
            2.   Noise that crosses real property boundaries and interferes with the peace, comfort, or enjoyment of persons residing in a dwelling unit or a residence or a person located at a receiving property.
         B.   In addition to the criteria set forth in division (b)(2)A. of this section, additional restrictions shall be placed on business establishments which serve alcoholic beverages for consumption on premises.  Because it is reasonable that quieter standards are expected during nighttime hours, between the hours of 10:00 p.m. and 7:00 a.m. from Sundays through Thursdays, inclusive, and between the hours of 11:30 p.m. and 7:00 a.m. on Fridays and Saturdays, owners and operators of such business be contained entirely within the real property boundaries of the establishment or within the soundproof area located on the premises of the establishment.
   (c)   Special Events/Outdoor Concerts.
      (1)   No person, business or organization shall knowingly or recklessly hold a special event without first obtaining a special event permit pursuant to Chapter 707.
      (2)   No person, owner or sponsor of an outdoor concert, as defined in Section 729.01 of the Codified Ordinances, shall fail or refuse to lower or reduce the level, intensity or power of any loudspeaker or any other device or equipment to amplify or enhance the sound from an outdoor concert when directed to do so by the Director of Public Safety or his or her designee (Chief of Police or Deputy Chief).
   (d)   Responsibility for Compliance; Complaint Procedures.
      (1)   For purposes of this section, any person(s) owning or having responsibility for management of a business or who is in control of a residential premise, and/or however temporarily; any paid performer or disc jockey producing amplified sound, live music, recorded music, or other plainly audible sound upon any business or residential premises or any person having control of volume knobs or levels; and the business as named on the special use permit or special event permit and/or the person controlling the residential premise, shall be jointly and severally liable for compliance with this section and shall be responsible for any violations of this section.
      (2)   Complaints under this section may be made by telephone contact with the Grove City Division of Police.  The complainant shall identify himself or herself by name, address and telephone number and shall identify the general direction or vicinity of the apparent sound source, but shall not be required to meet personally with the investigating officer to sign a written complaint or otherwise participate in the investigation of the complaint.  The investigating officer is authorized to verify information provided by the complainant.  This provision provides no right of entry except as is to the public generally, or except as is provided by law.
   (e)   Additional Sound Limitations.
      (1)   No person shall, on any public sidewalk, street, highway, park or other public property, or in any vehicle located on any public street or property, use, operate or play any radio, phonograph, stereo set, tape or CD player, television, sound amplifier, or other electronic audio device which produces or reproduces amplified sound, recorded music, or other plainly audible sound, at a level which is plainly audible at a distance of more than 25 feet or more from the sound source.  This provision shall not apply to live music.
         A.   This section does not apply to any of the following circumstances:
            1.   The sound amplification system of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road condition.
            2.   The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run.
            3.   The motor vehicle is owned and operated by the State, a political subdivision, or a public utility.
            4.   The motor vehicle is participating in a parade for which the sponsors of the parade have obtained the proper permits from all political subdivisions with which the parade is held.
      (2)   The provisions of this division are in addition to the regulations of division (b) of this section.  Compliance with division (b) of this section shall not constitute a defense or excuse for violation of any of the divisions of this section.
      (3)   Under this chapter, the measurements of distance from a sound source to a receiving property shall be measured in a straight line from the property line of the property on which the sound source is located to the property line of the receiving property or if the sound source is within a walled and roofed structure, the measurement shall be taken from the exterior of that structure, and if one or more open doors or windows are present, from any of such open doors or windows, at the point closest to the receiving property in a straight line to the property line of the receiving property.
   (f)   Exceptions.  The following shall not constitute a violation under this section:
      (1)    Emergency sirens and related apparatus used solely for public purposes;
      (2)   Domestic power tools.  Sound levels produced from any hand or mechanically powered saw, sander, drill, grinder, lawn-garden tool or reasonably similar tool, provided, however, that the use:
         A.   Must be only between 7:00 a.m. and 10:00 p.m. Sunday through Thursday or 7:00 a.m. and 11:30 p.m. Friday and Saturday;
         B.   Must be in a non-business enterprise; and
         C.   Must produce a sound level that is not deemed unreasonably loud under the circumstances.
   (g)   Enforcement and Penalties.
      (1)   Investigation of and enforcement of this section shall commence upon the complaint of any affected property owner, tenant or other person, as provided in division (d)(2), and lessee and lessor may pursue civil remedies pursuant to the lease and the Ohio Revised Code.
      (2)   Whoever violates this section is guilty of:
         A.   A minor misdemeanor for the first offense; fine not to exceed one hundred dollars ($100.00);
         B.   A misdemeanor of the fourth degree for the second offense within 12 months; the fine not to exceed two hundred fifty dollars ($250.00) and/or 30 days in jail;
         C.   A misdemeanor of the third degree for the third offense within 12 months (or second or multiple offense within 30 days); fine not to exceed five hundred dollars ($500.00) and/or 60 days in jail.
      (3)   If any person, owner or sponsor of an outdoor concert violates division (c) of this section, that person, owner or sponsor shall be guilty of a minor misdemeanor for the first violation, a misdemeanor of the fourth degree for the second violation in the same year, a misdemeanor of the third degree for the third violation in the same year, and a misdemeanor of the first degree for every further violation in the same year.
(Ord. C67-02.  Passed 7-15-02.)