(a) Criminal Prosecution
(1) A first violation of this chapter shall be a minor misdemeanor.
(2) Any subsequent violations of this chapter shall each be a fourth-degree misdemeanor.
(b) Civil Action
(1) An action for injunctive relief may be brought by the City of Westerville in a court of competent jurisdiction against any person who has violated, and is reasonably likely to violate again, any provision of this chapter. The City may seek injunctive relief forbidding violations of the decibel limits in this chapter, but shall not seek relief preventing anyone from creating, playing, reproducing, furnishing, or transmitting electronically amplified sound, or from planning, promoting, scheduling or hosting any event that creates, plays, reproduces, furnishes, or transmits electronically amplified sound.
(2) Any person who violates any of the provisions of this chapter shall be liable for the actual attorneys’ fees, expenses (including expert witness fees), and costs of suit incurred in establishing that violation in a civil action.
(c) Other Remedies. The rights and remedies provided by this chapter are in addition to any other rights and remedies provided by law.
(Ord. 01-51. Passed 7-24-01.)