Note: You are not my lawyer. I am not asking for legal advice. If I want legal advice, I’ll hire a lawyer. This is purely for informational purposes only given recent events.
I live in an apartment building which has 3 apartment units directly adjoining mine. One above me, one behind me, and one to the side of me off of my bedroom wall. The other two walls are my garage and the wall that looks out onto my patio/community property. Recently, while enjoying an evening of movies and video games, my upstairs neighbor called the police on me, claiming I was violating the noise ordinance in the City of Columbus on a regular basis and that she wanted it to stop. Now, this was news to me as I had not gotten a single noise complaint from her prior to this–not from her directly, our landlord’s office, or the police. The police officer was incredibly understanding and only issued a warning instead of a citation and I immediately completely turned off what I suspect was causing the problem noise (powered subwoofer).
I’d like to at least occasionally use my subwoofer, but technically, Columbus’ noise ordinance (Found Here) is in effect 24/7 according to the officer and I don’t want to have to deal with a citation if I can help it. So, I’m trying to understand what exactly the noise ordinance actually means in layman’s terms so I feel better about using my subwoofer.
For example, 2329.11 Section B-1 states that:
The maximum allowable hourly average sound level, emitted from any stationary sound source, auditory device, or sound amplification system shall not exceed the limits set forth in Table I for the respective categories of receiving land use.
which for a residential area is 60 decibels from 10p to 7a and 65 decibels from 7a to 10p as a maximum average sound level for a measured one hour period. However, there is a separate section C for defining “prohibited sounds” which states:
(C) Prohibited sounds:
(1) No person shall make or allow to be made any unreasonably loud and/or raucous noise in such a manner or at such a volume as to disturb the quiet, comfort, or repose of a person of ordinary sensibilities. Strict liability is intended to be imposed for this section.
(2) In addition to the prohibition set out in (C)(1), the following specific acts are declared to be in violation of this ordinance:
…
(b) Where there are two or more residential units contained within one structure within a property zoned residential, no person shall operate or permit the operation of any sound amplification system, auditory device, or stationary sound source in a manner as to be heard within said structure at a distance of 25 feet beyond the property line of the residential unit from which the sound emanates.
Strict liability is intended to be imposed for this section.
Does section B determine if a sound is prohibited or not (ie, if my sound is outputting an average level over an hour of 59.9 decibels, it is automatically legal no matter what), or can my neighbor still complain under section (C)(1) that the noise from my sound system is unreasonably loud even if it meets section (B)'s rule?
And is it 25 feet into my neighbor’s apartment from my ceiling (or wall for the adjoining apartments on ground level) or 25 feet from the source of the sound? My reading of it has me leaning towards 25 feet from any given edge of my apartment, which technically puts the whole of her apartment within the 25 foot rule.
I really don’t wanna be a jerk about this, but (IMO) the neighbor started this by calling the cops first instead of asking me to turn it down directly or even indirectly through the landlord and I want to be able to enjoy my property.