(a) No person shall engage in, cause, suffer, allow, facilitate or permit any activity or use of land involving the creation, playing, reproduction, or transmittal of electronically amplified sound, either within the Westerville corporate limits or within an adjoining municipality that has entered into an agreement with Westerville pursuant to Ohio R.C. 715.49, in such a manner that, regardless of the intent of the person engaging in, causing, suffering, allowing, facilitating or permitting that activity or use of land, the sound pressure level from the electronically amplified sound experienced at any portion of a receiving property within the Westerville corporate limits equals or exceeds any of the limits set forth in Table 1.
SOUND PRESSURE LEVELS (dB) | ||
Measurement Type | Evening | Night |
Maximum (Lmax) | 70 | 65 |
Equivalent Continuous (Leq) | 55 | 50 |
(b) This chapter is violated if either of the following conditions occur:
(1) The maximum sound level equals or exceeds the applicable L
max
criterion shown in Table 1.
(2) The equivalent continuous sound level equals or exceeds the applicable L
eq
criterion shown in Table 1, at the conclusion of any continuous ten-minute period.
(Explanatory Note) Example: a violation would occur on a weekend evening (7:00 p.m. - 10:00 p.m. on Friday, Saturday, and the day before a legal holiday) if, at any portion of a residential property in Westerville:
A. The maximum sound level (L
max
) from the electronically amplified sound is 70 dB or higher at any time (per subsection (b)(1) hereof); or
B. The equivalent continuous sound level (L
eq
) from the electronically amplified sound is 55 dB or higher at the conclusion of any continuous ten-minute period (per subsection (b)(2) hereof.)
(Ord. 00-19. Passed 4-25-00.)