(a) The health department shall have joint enforcement responsibility with appropriate law enforcement agencies as it relates this subchapter.
(b) Permits shall allow the permitted sound pressure level of no more than an L 90 of 70 dbA or allow no more than five peaks of 77 dbA or higher in any three-minute period until 8:00 p.m. when the permit shall allow the permitted sound pressure level of no more than an L90 of 65 dbA or no more than five peaks of 72 dbA or higher in any three-minute period. Permits shall expire at 10:30 p.m. unless otherwise stated.
(c) Permits issued in the Main Street Sioux Falls Business Improvement District for the purpose of music and entertainment shall allow the permitted sound pressure level of no more than an L90 of 70 dbA or allow no more than five peaks of 77 dbA or higher in any three-minute period for the entire duration of the permit.
(d) Any violation of the parameters, conditions or requirements set forth for a permit shall be deemed a violation of the permit and shall subject the permit to revocation or compliance review.
(e) A permit may be periodically reviewed and, if findings warrant, the terms and conditions of the permit may be revised or the permit revoked.
(f) In the case that a permit holder or an activity is found to be in violation of this chapter, a notice of violation or a citation may be written. If two or more notices of violation and/or citations are written, the permit holder will be subject to a compliance review. Failure to remedy the noise violation and/or noise disturbance or comply with the orders of the compliance review may result in revocation or denial of future permits.
(g) If 25 residents of the city affected by a sound activity wish to protest a sound permit, they may sign a petition and present it to the health director. When the health director receives a petition, a compliance review of the sound permit will occur.
(1972 Code, § 9-8; 1992 Code, § 25.5-8) (Ord. 72-78, passed 7-10-1978; Ord. 6-10, passed 2-10-2010)
Cross-reference:
Health and sanitation, see ch. 92