8-32-080 Regulated entertainment businesses.

   (a)   No establishment holding a liquor license pursuant to Chapter 4-60 of this Code, or a public place of amusement license pursuant to Article III of Chapter 4-156 of this Code, shall operate or permit operation of any equipment or device that electronically amplifies sound so as to generate sound louder than average conversational level at a distance of 100 feet or more from the property line of the property from which the noise is being generated.

   (b)   A business subject to this section shall cooperate with reasonable requests by enforcement personnel for the purpose of investigating sound levels produced by equipment or devices that electronically amplify sound.

   (c)   Where a business has been found liable for two violations of this section, and has been charged with a third violation, all within a one-year period, the superintendent of police may recommend to the mayor or the commissioner of business affairs and consumer protection, and to the local liquor control commissioner, if applicable, the suspension or revocation of the liquor license, the public place of amusement license, or both licenses. Such a recommendation shall be based on an evaluation of the severity of the violations, steps taken to remedy the violations, and the likelihood of successful remediation and continued compliance with this section.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

 

Notes

4-60

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8-32-090 Mechanical stationary sources.

   (a)   No person shall operate or permit operation of any mechanical stationary source in such a manner as to generate sound having a sound pressure level greater than 55 dB(A) when measured from a distance of 100 feet or more from the source, or 70 dB(A) when measured from a distance of 10 feet or more from the source. The place of measurement shall be from the nearest adjacent public way, or nearest adjacent property, whichever is closer to the source.

   (b)   The limitation contained in this section shall apply from 8:00 p.m. to 8:00 a.m., unless the mechanical stationary source is subject to other operating hours pursuant to a permit or other written authorization issued by the department of health.

   (c)   The commissioner of health shall have authority to enforce the provisions of this section.

   (d)   The commissioner of health is authorized to promulgate rules and regulations to enforce the provisions of this section, including regulations specifying uniform noise mitigation procedures for air handling units and refrigeration units. Any properly maintained equipment that complies with procedures adopted under this subsection shall be deemed to be in compliance with subsection (a) of this section.

   (e)   The limits set in subsection (a) of this section do not apply to sounds generated by a generator employed to provide emergency electrical power.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-100 Emergency signal devices.

   No person shall intentionally sound or permit the sounding outdoors of any fire alarm, burglar alarm, siren or similar stationary emergency signaling device except in the following instances:

   (a)   For emergency purposes; or

   (b)   For testing, provided that:

      (1)   each time such a test is performed, the test shall use only the minimum cycle test time and in no case shall exceed four minutes nor shall it occur before 9:00 A.M. or after 5:00 P.M.; and

      (2)   periodic testing of any stationary emergency signaling device shall occur at the same time of day.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-110 Non-emergency signal devices.

   (a)   No person shall sound or permit the sounding of any signal from any stationary bell, chime, siren, whistle or similar device, or any recording or electronic reproduction thereof, intended primarily for non-emergency purposes from any place in such a manner as to create a noise disturbance within a residential district for more than five minutes in an hourly period.

   (b)   No person shall blow or cause to be blown any steam whistle as a signal for commencing or suspending work or for any other purpose. This subsection does not prohibit the use of steam whistles as alarm signals in case of fire, collision or other imminent danger.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-120 Restrictions within noise sensitive zones.

   Within a noise sensitive zone, designated pursuant to section 8-32-060 of this chapter and marked with signs conspicuously indicating the zone's boundaries, no person shall create or cause the creation of any sound so as to interfere with the functions of any school, library, church, hospital or nursing home.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)