[HISTORY: Adopted by the Board of Trustees of the Village
of Athens as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-24-2012 by L.L. No. 3-2012]
A.
The Village of Athens seeks to regulate the auditory environment
for aesthetic and safety reasons. This regulation is a vital function
of the government and is similar to the orderly regulations the government
places on others forms of communication such as restricted use of
flashing lights; the color, size and placement of signs. The Village
of Athens wants to maintain expressive activity in the community while
maintaining and enhancing the environment and to advance the safety
and welfare of the community.
B.
The purpose of this article is to protect and improve the residential
livability and the entertainment product of the Village of Athens,
while providing for effective means of communication, consistent with
constitutional guarantees. Additionally, the regulation of outdoor
sounds will have a positive impact on traffic safety, police enforcement
and enjoyment of the community.
C.
The Village of Athens attracts visitors who come to listen to music,
particularly the live performance of music, which provides significant
entertainment value to our visitors.
D.
With greater frequency, clashes between residents, homeowners, and
commercial establishments have suffered from conflicts regarding noise
associated with the commercial business providing entertainment to
its customers and the desire for the residents to enjoy peace and
quiet during the evening and overnight hours. This is a by-product
of the success and popularity enjoyed by these commercial businesses.
A review of the complaints revealed that the commercial establishments
providing outdoor entertainment in the late evening was the cause
of the majority of the conflicts.
E.
The Village of Athens endeavors to provide adequate means of expression
and promote the economic viability of the business community, while
protecting the Village and its citizens from a proliferation of sounds
that would adversely impact upon the aesthetics of the Village and
threaten the health, safety and welfare of the community.
F.
The Village of Athens Police Department has a history of calls to
commercial establishments that broadcast sound using outdoor amplified
sound and/or outdoor speakers. The noise levels from the outdoor speakers
adversely impact neighbors and residents of the Village of Athens.
As used in this article, the following terms shall have the
meanings indicated:
All premises where sales, professional or other commercial
activities are legally permitted by zoning or otherwise, except that
residences with lawful home occupations are considered residential.
Not fully enclosed by permanent, solid walls and a roof or
not within the fully enclosed portions of a building.
Radio, radio receiving set, phonograph, stereo, tape player,
cassette player, compact disc player, boom box, loudspeaker, karaoke
player, drum, juke box, nickelodeon, musical instrument; sound amplifier
or other device which produces, reproduces, or amplifies sound.
It shall be unlawful for any person or persons to play, use,
operate or permit to be played, used or operated any sound amplification
or producing device or similar equipment outdoors on the premises
of a commercial establishment during the following days and times:
A.
Weekdays (Monday night through Friday morning) between the hours
of 10:00 p.m. through 8:00 a.m.
B.
Weekends (Friday night through Sunday morning) between the hours
of 11:00 p.m. through 8:00 a.m.
C.
Sunday night between the hours of 9:00 p.m. through 8:00 a.m., unless
it is a three-day weekend, national holiday or Fourth of July wherein
weekend night timing will be permitted.
All commercial establishments shall maintain a moderate and
reasonable level of sound that does not overly disturb the peace of
the surrounding area. Every effort should be made to buffer the sound
with the placement of sound-producing equipment and sound barriers.
It shall be the responsibility of the law enforcement agency who responds
to a complaint of disturbance of peace to make a decision on the level
of disturbance.
A.
Any outdoor musical venue by a commercial establishment will require
an annual permit from the Village of Athens detailing the type of
musical venue and adherence to the above noise level and time constraints.
B.
Any annual
outdoor event, such as the annual Village of Athens Street Festival
or concerts in the Village of Athens public parks, shall also require
a special permit from the Village of Athens Board.
C.
The Village will have the authority to issue a permit for special
occasions.
The Village will have the ability to revoke any permit for violations
of this article.
