The purpose of this chapter is the protection of the health, safety and welfare of the citizens of the City. It is determined that sound can and does constitute a hazard to the health, safety, welfare and quality of life of residents of the City. The Mayor and Council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. Now, therefore, it is hereafter the policy of this City to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare or quality of life of the citizens of the City, and this chapter shall be liberally construed to effectuate that purpose. (1952 Code § 6-20-01)
For the purposes of this chapter, the following definitions shall apply:
CITY: Boise City, Idaho, or the area within the City limits of Boise City, Idaho.
COMMON AREAS: The areas of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY VEHICLE: A motor vehicle belonging to a Fire Department, Firefighting Association or Fire District, an ambulance, or a motor vehicle belonging to a Federal, State, County or Municipal law enforcement agency.
LOUD AMPLIFICATION DEVICE: Any equipment designed or used for sound production, reproduction or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo, tape player, compact disc player, loud speaker, public address (PA) system, sound amplifier or comparable sound broadcasting device.
PERSON: Any individual, association, organization or entity having a legally recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.) each individual unit shall be considered a separate residence for the purposes of this chapter.
PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody or instrumentation, and the source of which is identifiable to the listener. (1952 Code § 6-20-02)
It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:
A. Is plainly audible within any place of residence not the source of the sound; or
B. Is plainly audible upon a public right-of-way or street at a distance of one hundred feet (100') or more from the source of such sound. (1952 Code § 6-20-03)
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