[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.
A. 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:
(2) The level of the ambient noise;
(3) The proximity of the noise to residential units or
sleeping facilities;
(4) The time of day or night the noise occurs;
(5) The duration of the noise; and
(6) Whether the noise is recurrent, intermittent, or constant.
B. 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.
C. 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 their
right to appear and defend the citation upon payment of a $50 minimum
fine.