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(a) No person on the public way shall employ any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is louder than average conversational level at a distance of 100 feet or more, measured vertically or horizontally, from the source.
(b) Between the hours of 10:00 p.m. and 8:00 a.m., no person on any private open space shall employ any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is 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.
(c) The limitations imposed in this section do not apply between the hours of 8:00 a.m. and 10:00 p.m. to a person participating in: (1) a public assembly, as that term is defined in Section 10-8-334; or (2) a parade, athletic event, or outdoor special event, as defined in Sections 10-8-330, 10-8-332, or 10-8-335 of this Code; provided that a permit has been issued for the parade, athletic event or outdoor special event, if required, and the person is in compliance with the permit.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
(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, with the exception that an Outdoor Entertainment Venue shall not be bound by this restriction from 10:00 a.m. to 10:00 p.m.
(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.
(d) Any person found in violation of this section shall be fined not less than $400.00 nor more than $1,000.00 for each offense. Every day a violation occurs shall be a separate and distinct offense.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 5-20-20, p. 17027, § 3; Amend Coun. J. 5-23-22, p. 47798, § 8)
(a) No person shall operate or permit operation of any mechanical stationary equipment 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 mechanical stationary equipment, or 70 dB(A) when measured from a distance of 10 feet or more from the mechanical stationary equipment. The place of measurement shall be a location that is not on the same parcel of real property or premises on which the mechanical stationary equipment is located.
(b) Where mechanical stationary equipment is located on multiple buildings, structures, parcels of real property, or premises that have the same owner and are adjacent to each other, the owner is responsible for ensuring that the mechanical stationary equipment does not generate sound having a sound pressure level in violation of this section. The place of measurement shall be from a location that is not on any parcel of real property or premises on which the mechanical stationary equipment is located.
(c) The limitation contained in this section shall apply from 8:00 p.m. to 8:00 a.m., unless the mechanical stationary equipment is subject to other operating hours pursuant to a permit or other written authorization issued by the Department of Health.
(d) The Commissioner of Health shall have authority to enforce this section.
(e) The Commissioner of Health is authorized to promulgate rules to enforce this section, including rules specifying uniform noise mitigation procedures for air handling units and refrigeration units. Any properly maintained mechanical stationary equipment that complies with rules adopted under this subsection shall be deemed to be in compliance with subsection (a) of this section.
(f) The limits set in subsection (a) of this section do not apply to sounds generated by a generator used during a loss of normal power supply to provide emergency electrical power.
(g) Any person found in violation of this section shall be fined not less than $1,000.00 nor more than $5,000.00 for each offense. Every day a violation occurs shall be a separate and distinct offense. Any owner or operator of mechanical stationary equipment found in violation of this section shall be jointly and severally liable for such penalties with any other owner or operator of the same mechanical stationary equipment.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 3; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 4)
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)
(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)
Within a noise sensitive zone designated in Section 8-32-065 of this chapter and marked with signs conspicuously indicating the zone’s boundaries, no person shall create or cause the creation of any sound through the use of a bullhorn or loud and raucous electronic amplification, or by use of an object that is struck manually or with a stick or similar item to produce a sharp percussive noise so as to interfere with the functions of any school, library, church, hospital, or nursing home, or other noise sensitive activity.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 11-20-19, p. 10362, § 4)
No person shall undertake or cause the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance within a residential district or within a noise sensitive zone.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
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