City of Columbus v. Kendall

Brown, Judge.

{¶ 1} Plaintiff-appellant, city of Columbus, appeals from a judgment of the Franklin County Municipal Court, dismissing appellant’s complaint against defendant-appellee, Rachel Kendall, on the grounds that the city’s community noise ordinance, Columbus City Code (“CCC”) 2329.11(C), is unconstitutionally vague on its face.

{¶ 2} On August 30, 2002, appellant filed a complaint against appellee, alleging a violation of CCC 2329.11. On December 11, 2002, appellee filed a motion to dismiss, asserting that the ordinance was unconstitutionally vague and overbroad.

{¶ 3} The matter came…