(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All definitions and terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(1) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
(2) "Decibel, (db)" means a unit of sound pressure measurement as defined by the American National Standards Institute Bulletin.
(3) "dB(A)" refers to a weighted scale for measuring decibel as defined in the American National Standards Institute Bulletin.
(4) "Noise level" refers to the A-weighted sound level produced by a stationary source.
(5) "Person" means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality thereof.
(6) "Property line" means the line which represents the legal boundary of property (including an apartment, condominium, room or other dwelling unit) owned, leased, or otherwise occupied by a person. In cases involving sound from an activity on a public street or other public right of way, the property line shall be the nearest public right-of-way line.
(7) "Sound level meter" means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American Standard Association Readings and shall be made on a dB(A) scale.
(8) "Stationary noise" means sound made by any machine or device for the amplification of the human voice or music, or any other sound originating from a fixed location.
(b) Prohibitions. No person shall cause or permit noise levels from the operation of a stationary noise device or from any other source in excess of 64 dB(A) in any areas or districts of the City that are zoned Residential Office-Residential, and University in the Zoning Code between the hours of 10:00 p.m. and 7:00 a.m. or in excess of 70 dB(A) in any such areas or districts between the hours of 7:00 a.m. and 10:00 p.m. All noise measurements shall be made on the property line where the noise originates. The prohibitions contained in this paragraph shall not apply to any sound originating from a fixed location, other than those as to which a D series liquor permit has been issued pursuant to Ohio R.C. 4303.13 through 4303.183, upon which activity is carried on which is a legal nonconforming use, nor to any activity conducted in the public right of way and expressly permitted, in writing, by an authorized City official.
(c) In any criminal prosecution for a violation of this section the court may admit evidence of a noise level as tested by any sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for type II equipment.
(d) Any emission of noise from any stationary noise device in excess of the limitations established by this section shall be deemed and is declared a public nuisance.
(e) Violation of this section is a minor misdemeanor. Each day a violation occurs shall be a separate offense.
(Ord. 91-95. Passed 3-19-91.)