100-99 Ordinance
._;-",---~----~"..'.'..~,~-- .---~,,,..._.,
RECORD OF ORDINANCES
Dayton Lellal Blank Co. Form No 30043
100-99 (amended)
Ordinance No. .... Passed ..... .................. ............. ............, ......YE:.\R.......
AN ORDINANCE AMENDING SECTION 132.03 OF THE DUBLIN CODIFIED
ORDINANCES ESTABLISHING LIMITATIONS ON NOISE EMISSION AND
DECLARING AN EMERGENCY.
"".. WHEREAS, periodic amendments to the Codified Ordinances of the City of Dublin are necessary to
accommodate the needs and desires of the community and to protect the health, safety and welfare of the
..... residents; and
WHEREAS, excessively loud sound disrupts the peaceful environment of the City and disturbs its
residents from the peaceful enjoyment of their homes.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 4-
of the elected members concurring:
SECTION 1. That the following be adopted amending section 132.03 of the Dublin Codified
Ordinances:
Section 132.03 Disorderly Conduct
(A) No person shall recklessly cause inconvenience, annoyance or alarm to another by doing any of
the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent
behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or
communicating unwarranted and grossly abusive language to any person, which by its very
utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
,.. (3) Insulting, taunting or challenging another, under circumstances in which such conduct is
likely to provoke a violent response;
..... (4) Hindering or preventing the movement of persons on a public street, road, highway or right-
of-way, or to, from, within or upon public or private property, so as to interfere with the
rights of others, and by any act which serves no lawful or reasonable purpose of the
offender;
(5) Creating a condition which is physically offensive to persons or which prevents a risk of
physical harm to persons or property, by any act which serves no lawful or reasonable
purpose of the offender;
(6) CREATING OR CAUSING THE CREATION OF NOISE SO AS TO DISTURB OR
DISRUPT THE PEACE AND QUIET OF ANY REASONABLE PERSON OF NORMAL
SENSITIVITY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
(a) THE EMISSION OF SOUND IN SUCH A MANNER AS TO BE PLAINLY
AUDIBLE AT A DISTANCE 50 FEET FROM THE BUILDING, STRUCTURE,
VEHICLE, EQUPIMENT, MACHINERY, ANIMAL OR FOWL FROM WHICH THE
SOUND IS EMANATING.
(b) EXEMPTIONS TO 132.03(A)(6)(a) INCLUDE THE FOLLOWING:
(1) SOUND EMANATING FROM SCHEDULED EVENTS CONDUCTED,
SPONSORED OR PERMITTED BY THE CITY OR SCHOOLS;
".... (2) CONSTRUCTION OPERATIONS OCCURING BETWEEN THE HOURS OF
7:00 A.M. AND 9:00 P.M., PROVIDED THAT ALL EQUIPMENT IS
...... OPERATED IN ACCORDANCE WITH THE MANUFACTURER'S
SPECIFICATIONS AND/OR WITH ALL STANDARD MANUFACTURER'S
MUFFLERS AND NOISE- REDUCING EQUIPMENT IN USE AND IN
PROPER OPERATING CONDITION;
(3) CONSTRUCTION OPERATIONS CONDUCTED BY THE CITY AS
APPROVED BY CITY COUNCIL;
(4) THE LOADING AND/OR UNLOADING OF COMMERCIAL WASTE
RECEPTACLES BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 P.M
WITHIN 500 YARDS OF ANY RESIDENTIALLY ZONED PROPERTY;
-,,_.,....~._..~~-~--,--,-
RECORD OF ORDINANCES
Dayton Lellal Blank Co. Form No. 30043
Page two
Ordinance No. ... ................ ................. Passed ....... ............ ...................., ...... .............
(5) NOISE OF SAFETY SIGNALS, WARNING DEVICES, EMERGENCY
PRESSURE RELIEF VALVES, AND CHURCH BELLS;
r- (6) NOISE RESULTING FROM ANY AUTHORIZED EMERGENCY VEHICLE;
-- (7) LAWN MOWERS AND OTHER SIMILAR MOTORIZED LANDSCAPING
EQUIPMENT USED BETWEEN 7:00 A.M. AND 9:00 P.M. WHEN OPERATED
WITH ALL THE MANUFACTURER'S STANDARD MUFFLER AND/OR
SOUND REDUCING EQUIPMENT IN USE AND IN PROPER OPERATING
CONDITION, AND;
(8) EMERGENCY WORK AS AUTHORIZED BY THE CITY.
(B) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be
offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities,
which conduct the offender, if he were not intoxicated, should know is likely to have such
effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or
another, or to the property of another.
(C) Violations of any statute or ordinance of which an element is operating a motor vehicle,
locomotive, watercraft, aircraft or other vehicle while under the influence of alcohol or any drug
of abuse, is not a violation of division (B) above.
(D) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe
r- such person is voluntarily intoxicated for purposes of division (B) above.
0 (E) Whoever violates this section is guilty of disorderly conduct, a minor misdemeanor, except that
.... if the offender persists in disorderly conduct after reasonable warning or request to desist or if
the offender is within 1,000 feet of the boundaries of any school, school premises or school
building, disorderly conduct is a misdemeanor of the fourth degree.
(F) FOR VIOLATIONS COVERED UNDER 132.03(A)(6), A PERSON SHALL BE GUILTY OF
A MISDEMEANOR OF THE FOURTH DEGREE FOR A SECOND OR SUBSEQUENT
OFFENSE, IF LESS THAN (12) TWELVE MONTHS HAVE ELAPSED SINCE THE LAST
OFFENSE OF THE SAME PROVISION. EACH DAY SUCH OFFENSE IS COMMITTED
OR CONTINUED SHALL CONSTITUTE A SEP ARA TE OFFENSE AND SHALL BE
PUNISHABLE AS SUCH. CITATIONS SHALL BE ISSUED TO A PERSON, FIRM OR .
CORPORATION AND/OR AN INDIVIDUAL PRESENT AT THE TIME OF THE ALLEGED
OFFENSE.
SECTION 2. That this ordinance is declared an emergency measure necessary for the immediate
preservation of the public peace, health, safety or welfare, and therefore shall be effective upon passage.
P.,sed thi,), P1 h day of4F"'~ , 1999.
/
/"
/
I
i
r
L ATTEST:
~~~_ CL- ~
Clerk of Council
I her1!by certify that copies of this Ordinance/Resolution were posted in thf
City of Dublin in accordance with Section 731.25 of the O:lio Revised Code.
X {bt1--
lerk of (ouncil, Duhlin, Ohio