[Adopted 2-9-2009 by Ord. No. 09-042]
[Amended 5-27-2009 by Ord. No. 09-145]
No tavern, bar or lounge as defined in § 165-13 shall cause or allow to be caused any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but not be limited to, the following:
Noise exceeding the maximum of 65 dBA in any abutting structure, on abutting property or within the public right-of-way or any public area shall be prima facie evidence of a violation of this section.
The owner of the bar, tavern or lounge shall be responsible for the noise created by its patrons on the owner's property.
Violation of this article may be punished by a civil penalty of not less than $50 and not more than $100, provided that any person cited for a violation of this article may waive his or her right to appear and defend the citation upon payment of a fifty-dollar minimum fine.