§ 24-5. Loudspeakers and amplifiers.  


Latest version.
  • (a)

    Sound amplification permits are required for any loudspeaker or amplifier uses which are not part of the ordinary normal day-to-day operations of a legally operating commercial business or governmental facility for which the loudspeaker is placed in the interior of the business or government facility. The decibel restrictions listed in section 24-2 shall apply to legally operating commercial businesses and loudspeaker permit holders. Legally operating commercial businesses and government facilities shall be required to obtain a loudspeaker permit for outdoor performance of any kind where sound amplification is utilized. The application for a permit for the use of loudspeakers or amplification shall be submitted to the city manager or his designed department at least ten (10) working days in advance of the planned use. The application shall designate an individual, person or persons who shall be in control of the sound amplification equipment and assure that its use complies with the terms of the permit. A person desiring such permit shall pay a fee of twenty-five dollars ($25.00) for a single day of use and fifty dollars ($50.00) for multiple days of use to the city. Permits issued for a single day of use expire at the end of the day for which it is effective or at the time indicated on the permit issued by the city whichever is earlier. Permits issued for multiple days of use expire no later than the last day of the quarter in which they are issued or at the time indicated on the permit by the city staff whichever is earlier. The city manager or a law enforcement officer responding to a complaint about excessive noise may revoke any such permit after issue when consistent with public health, safety and welfare and as necessary to promote the public business; or when the loudspeaker device is used to harass or intimidate members of the public; or when the loudspeaker device is used to amplify language which by very utterance tends to incite an immediate breach of the peace. The city manager may make exceptions to the prohibited hours provisions in subsection (b) and the decibel restrictions listed in section 24-2. In determining whether to allow an exception to the prohibited hours, the city manager will consider such things as the public health, safety and welfare of the citizens; the need to authorize use of a loudspeaker or amplifier during those hours to promote the public business; the days and times for which the loudspeaker or amplifier permit is requested, or whether the time requested occurs during a special festival or events such as Mardi Gras or Dickens on The Strand; the proximity of the location of the loudspeaker permit to residential areas; and whether or not the loudspeaker permit will be at a location in the downtown district or in another area of the city.

    (b)

    Other than those located inside a legally operating commercial business or government facility, loudspeakers shall not be used during the following days and times unless the permit issued by the city manager specifically excepts the permit holder from compliance with this section:

    (1)

    In the downtown district between 10:30 p.m. and 9:00 a.m.,

    (2)

    In any area of the city other than the downtown district between 8:00 p.m. and 9:00 a.m. or at any time on Sunday.

    (c)

    As used in this section the term "downtown district" shall mean that area of the city which is bounded by 25 th Street on the west, 19th Street on the east, Sealy Avenue on the south and Harborside Drive on the north. For the purpose of this section, January, February and March shall constitute one (1) quarter; April, May and June shall constitute another; July, August and September another and October, November, and December another.

    (d)

    Appeal. In cases where a permit is denied and no city manager exemption was requested under subsection 24-2(b) above, the permit applicant may file an appeal, no later than two (2) working days of the date of the denial, with the city manager or his designee.

(Code 1960, §§ 13-7—13-9, 14-7; Ord. No. 83-5, § 5, 2-3-82; Ord. No. 89-15, § 2, 1-26-89; Ord. No. 12-057, § 2, 10-11-12; Ord. No. 18-049 , § 2, 7-25-18)