(A) Except in accordance with a permit issued pursuant to § 90.24, it shall be unlawful for any commercial establishment, including, but not limited to, restaurants, bars or nightclubs, to operate or allow the operation of sound amplification equipment out of doors or directed out of doors (an establishment will be presumed to be directing sound amplification out of doors if the sound levels exceed the following set limits at the prescribed measuring distance). Permits issued pursuant to this section shall allow for the operation of sound amplification equipment consistent with the decibel limits established below unless further conditions are required on the permit itself:
Table 1 - Monday through Sunday
| |
7:00 a.m.—11:00 p.m. | 11:00 p.m.—7:00 a.m. |
70 dB(A) | 70 dB(A) |
(B) The decibel limits prescribed in this section shall be measured approximately 200 feet from any entrance to the facility if it appears the noise is coming from inside the establishment, or 200 feet from any boundary of an outdoor entertainment area of the commercial property from where the sound is being generated. The law enforcement officer measuring decibel limits shall use his or her skill and training in estimating the distance required herein and shall not be required to use a measuring device to confirm distance. Should a noise check be required for any venue utilizing an outdoor entertainment area, a law enforcement officer shall use his or her best judgment in determining what constitutes the boundary of an outdoor entertainment area for purposes of determining the 200 feet requirement herein.
(C) The amplified sound may only be produced during the operational hours of the commercial establishment.
(Ord. passed 9-16-2021) Penalty, see § 90.99