(A) Superseding any additional verbiage and parts in this section, it shall be unlawful for any commercial or otherwise business establishment, or the employees and/or patrons of any commercial establishment that is adjacent or in the vicinity of residential properties to emit any unreasonably loud and raucous noise from the premises of the commercial establishment, including any outdoor area which is part of or under the control of the establishment, which is plainly audible at a distance of 50 feet or less from any residential property, between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and 11:00 p.m. and 7:00 a.m. on Friday and Saturday.
(B) (1) It shall be unlawful for any commercial or otherwise business establishment (including but not limited to restaurants, bars, or nightclubs) to operate or to allow the operation of any sound amplification equipment, music, or any other sound producing equipment out of doors or directed out of doors other than during the times listed below and at or below the maximum decibel (db(A)) level allowed:
(a) 80 db(A) Sunday through Thursday between 8:00 a.m. and 10:00 p.m.;
(b) 60 db(A) Sunday through Thursday between 10:00 p.m. and 2:00 a.m. the following day;
(c) 80 db(A) Friday and Saturday between 8:00 a.m. and 11:00 p.m.;
(d) 60 db(A) Friday and Saturday between 11:00 p.m. and 2:00 a.m. the following day.
(2) A commercial or otherwise business establishment may be cited for violating this section if the authorized enforcing official determines that the sound being produced is unreasonably loud and disturbing to the quiet enjoyment and use of another commercial or otherwise business establishment or residentially occupied property using a standard of what a reasonable person would believe, or the standard applied to plainly audible noise, or the measurement of decibel level above what is listed as acceptable, in addition to taking into consideration the day of week and time of day.
(C) A commercial or otherwise business establishment may also be cited for violation of this section if noise is deemed to be unreasonably loud or disturbing per verbiage set forth in § 90.18(B).
(D) The decibel limits (db(A)) prescribed in this section shall be measured utilizing the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute. The measurement of noise by a sound level meter does not supersede the standards applied to what a reasonable person would believe or what is considered plainly audible noise in regards to noise disturbing to a residentially occupied property and is considered as an additional tool that may be utilized to show a violation has occurred.
(E) For measurement of decibel limits prescribed in this section, measurements shall be taken at or beyond the property line of the commercial or otherwise business property at which the sound is being generated (complainee). For purposes of measurement, the back of the curb, the outside edges of driveways, fences, hedges, or other physical features commonly associated with property boundaries are presumed to be at a point which is at or beyond the property line. Per division (C) above, sound measurement guidelines regarding sound measurement from at or beyond the property line of the party making a complaint of a violation of this section (complainant) is provided in § 90.18(D).
(Ord. passed 6- -2016) Penalty, see § 90.99