§ 909-3. Loud noise.

(A)

No person shall create noise or sound, or permit the creation of noise or sound in such a manner as to disturb the peace and quiet of a neighborhood, having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noise.

(B)

No person operating a restaurant, hotel, summer garden or other place of refreshment or entertainment shall permit, nor shall any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment engage in, the playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such a manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noises.

(C)

It shall be prima facie evidence of a violation of this section if any such noise listed in subsection (A) or (B) exceeds the following sound level limitations tested by a sound level meter by receiving zoning district, time of day and day of the week:

Maximum permissible sound levels Leq dB (A)—A sound meter reading taken over a minimum of a six minute period producing an average reading of the limits listed in Tables 1, 2 and 3 below, and shall be measured at or within the boundaries of the receiving or affected property or immediately adjacent to the property of the noise source. When instrumentation cannot be placed within these boundaries, the measurement shall be made as close thereto as is reasonable. The day the 7 p.m. to 2 a.m. time period falls on shall be determined by the day that corresponds with the 7 p.m. time.

The maximum permissible sound levels in Planned Development (PD), Hillside (HS), Urban Design (UD), Interim Development Control (IDC) or Historic (HD) Districts shall be assigned by designated members of the Department of City Planning and Buildings upon the District's creation, taking into account the surrounding neighborhoods and their correlating maximum permissible sound levels as indicated in the tables herein. Any PD, HS, UD, IDC, or HD District existing at the time of passage of this ordinance shall have its maximum permissible sound levels assigned by the designated members of the Department of City Planning and Buildings within 30 days of passage of this ordinance.

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Table 1. Sunday through Wednesday

Receiving or Affected Property Zoning District	7 a.m. to 7 p.m. Sunday through Wednesday	7 p.m. to 2 a.m. Sunday through Wednesday	2 a.m. to 7 a.m. Sunday through Thursday
Single Family (SF), Residential (RFR, RM or RMX), or Institutional (IR)	60	55	55
Commercial (CC, CG, CN or RFC), Downtown Development (DD), Urban Mix (UM) or Office (OL or OG)	70	65	65
Manufacturing (MA, ML, MG, ME or RF-M)	75	70	70

 

Table 2. Thursday

Receiving or Affected Property Zoning District	7 a.m. to 7 p.m. Thursday	7 p.m. to Midnight Thursday	Midnight. to 7 a.m. Friday
Single Family (SF), Residential (RM or RMX), or Institutional (IR)	60	55	55
Commercial (CC or CN) Downtown District (DD) or Office (OL or OG)	70	75	65
Manufacturing (ML, MG, ME or RF-M)	75	70	70

 

Table 3. Friday through Saturday

Receiving or Affected Property Zoning District	7 a.m. to 7 p.m. Friday through Saturday	7 p.m. to 2 a.m. Friday through Saturday	2 a.m. to 7 a.m. Saturday through Sunday
Single Family (SF), Residential (RM or RMX), or Institutional (IR)	65	60	60
Commercial (CC or CN) Downtown District (DD) or Office (OL or OG)	75	75	70
Manufacturing (ML, MG, ME or RF-M)	75	70	70

 

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The performance of one or two street musicians on unamplified musical instruments between the hours of 11:30 a.m. and 1:00 p.m. or between the hours of 5:30 p.m. and 10:00 p.m., for no more than a single period of 90 consecutive minutes in the vicinity of a single location and not closer than any of the following: a) 20 feet to a pedestrian crosswalk; b) 20 feet to a street vendor; and c) 100 feet to an open market as such are defined in section 845-3 CMC, shall not constitute a violation of this section.

Whoever violates this section is guilty of a minor misdemeanor. Whoever violates this section three or more times within a one-year period is guilty of a fourth degree misdemeanor. For purposes of this section, three or more times within a one-year period shall be determined based on the dates of the violations.

(Ordained by Ord. No. 289-2010, § 1, eff. July 30, 2010; a. Ord. No. 411-2010, § 1, eff. Dec. 17, 2010)