12.10.110 Amplified music or sound.
A. Definitions. The following definitions shall apply to this section:
“Clearly audible” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a sound amplification device, the detection of the rhythmic bass component of the music is sufficient to verify clearly audible sound.
“Decibel (dB)” means the unit of measurement for sound pressure level at a specified location. The symbol is dB.
“Public park” means all real property owned, operated or maintained by either the city or other public governmental entity, and used as a park, playground, swimming pool, golf course, waterway, nature center, or other recreational facility.
“Sound amplification device” means any device for the amplification of the human voice, music or any other sound, including, but not limited to, radios, televisions, phonographs, stereos, record players, cassette players, compact disc players, loud speakers, or sound amplifiers.
B. No person shall operate a sound amplification device within a public park, which is clearly audible at a distance of 75 feet from the device, unless operated pursuant to a permit issued by the city.
1. The applicant for an amplified sound permit must fill out and sign an application at least one business day prior to the planned event and must agree to abide by the terms of these policies and any other related administrative policies or conditions of approval.
2. All amplified sound must cease between 9:00 p.m. and 8:00 a.m. Sunday through Thursday. All amplified sound must cease between 10:00 p.m. and 7:00 a.m. on Friday and Saturday.
3. A sound amplification device authorized by permit pursuant to this section shall be located a minimum of 100 feet from the nearest residential property and shall be oriented in such a manner that sound is projected away from the nearest residential property.
4. Sound levels produced by a sound amplification device authorized by permit under this section shall not exceed 80 decibels measured 100 feet in any direction from the sound source.
C. The city in granting such a permit may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. Conditions may include but are not limited to:
1. Location of the sound amplification device.
2. Restrictions on hours of operation.
D. The permit may be revoked by the city if there is:
1. Violation of one or more conditions of the permit;
2. Material misrepresentation of fact in the permit application; or
3. Material change in any of the circumstances relied on by the city in granting the permit.
E. Exceptions. The provisions of this section shall not apply to any city-sponsored event or activity. [Ord. 05-17-2011 § 2].