(a) Findings. The use or operation of amplified sound equipment to project sound outside of any building or at any location out of doors in the City may be detrimental to the health, welfare, and safety of the inhabitants of the City, in that such use or operation diverts the attention of pedestrians and vehicle operators in the public streets and places, thus increasing traffic hazards and potentially causing injury to life and limb. Further, such use or operation may disturb the public peace and comfort and the peaceful enjoyment by the people of their rights to use the public streets and places for street and other public purposes, and may disturb the peace, quiet, and comfort of the neighboring inhabitants. Therefore, the proper regulation of such use and operation of outdoor amplified sound equipment as set forth in this Section 1060.16 and Sections 1060.5.2, 1060.27, and 1060.29.2 is essential to protect the health, welfare, and safety of the inhabitants of the City, to secure the health, safety, comfort, convenience, and peaceful enjoyment by the people of their rights to use the public streets and places, and to secure the peace, quiet, and comfort of the City’s inhabitants.
(b) Unless otherwise permitted by the Entertainment Commission following a public hearing, and except as to Sound Truck Permits which are governed by Section 1060.27 of this Article 15.1, any permit issued pursuant to this Article that authorizes the use of Amplified Sound Equipment to project sound outside of any building or at any location out of doors in the City shall include the following conditions with regard to outdoor amplified sound:
(1) Hours of operation of outdoor Amplified Sound Equipment shall be no earlier than 9:00 a.m. and no later than 10:00 p.m.;
(2) Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility, nor louder than permitted in subsection (c); and
(3) The volume of outdoor sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the property line of the Business or premises or from the periphery of the attendant audience.
(c) In considering whether to impose noise limits that are different from those in subsection (b) of this Section 1060.16, the Commission shall consider the following factors:
(1) Whether the Business, premises, or event will generate outdoor amplified sound in the evening;
(2) In the case of an amendment to an existing permit, the length of time the Business or premises has operated, either under the current operator or prior operators;
(3) In the case of an amendment to an existing permit, whether the Commission, Police Department, Department of Public Health, or other City entity has received noise complaints related to the operation of the Business or premises;
(4) The proximity of the Business or premises to other outdoor amplified sound or commercial uses;
(5) The proximity of the Business or premises to existing residential buildings; and/or
(6) The proximity of the Business or premises to hospitals, schools, houses of worship, courthouses, public libraries, or mortuaries and those facilities’ normal hours of use.
(d) For Fixed Outdoor Amplified Sound permits, a Commission sound inspector shall perform a sound test per Section 1060.15 of this Code before the Permittee may commence operations under the permit. The Commission may also require that a Commission sound inspector perform a sound test per Section 1060.15 before a Permittee may commence operations under a One Time Amplified Sound Permit.
(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)