ORDINANCE NO. BL2000-378

An ordinance amending Section 11.12.070 of the Metropolitan Code by regulating excessive noise and hours of operation of entertainment establishments providing amplified sound.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. Section 11.12.070 of the Metropolitan Code shall be and the same is hereby amended by deleting the following phrase from the caption of said section:

"Use of televisions and radios restricted"

SECTION 2. Section 11.12.070 of the Metropolitan Code shall be and the same is hereby amended by adding the following new subsection:

"D. No person or persons owning, operating, or having the care, custody, or control of any facility located within fifty (50) feet of a residence and/or of a natural conservation area shall permit to be operated any musical instrument or other entertainment device using amplification unless such music or other entertainment is provided within a totally enclosed structure. Such music or other entertainment may be provided outside of a structure only between the hours of 7:00 a.m. and 10:00 p.m., except when exempted under provisions of the code as a special event, mass gathering or other permitted activity by metropolitan government or its boards or commissions. The provisions of this section shall not apply to entertainment facilities constructed to provide outdoor entertainment and sporting activities such as Adelphia Coliseum; school, college or university facilities; the Belle Meade Mansion; Cheekwood; or parks under the control of the board of parks and recreation."

SECTION 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: James Bruce Stanley

Amendment No. 1

To

Ordinance No. BL2000-378

 Mr. President:

I move to amend Ordinance No. BL2000-378 by amending Section 2 by amending subsection D. as follows:

1. By deleting the phrase "10:00 p.m." wherein it appears and substituting in lieu thereof the phrase "11:00 p.m."; and

2. By deleting the last sentence in its entirety and substituting in lieu thereof the following new sentence:

"The provisions of this section shall not apply to entertainment facilities constructed to provide outdoor entertainment owned by metropolitan government or its agencies and parks under the control of the board of parks and recreation."

 Sponsored by: Bruce Stanley & J.B. Loring
Amendment Adopted:  October 3, 2000

AMENDMENT NO. 2

 TO

 ORDINANCE NO. BL2000-378

Mr. President:

I move to amend Ordinance No. BL2000-378 by amending Section 2 by amending subsection D, as previously amended, by adding the following provision to the last sentence, as previously amended by Amendment Number 1, as follows:

", properties lying with an area zoned CC district and properties zoned CF district that are contiguous to those zoned CC district as of November 21, 2000, or properties lying within an area bounded by properties fronting Music Square West and 17th Avenue South from Division Street to Edgehill Avenue, properties along the north portion of Edgehill Avenue between 17th Avenue South and 16th Avenue South; properties fronting 16th Avenue South and Music Square East between Edgehill Avenue and Division Street."

Sponsored by: Bruce Stanley
Amendment Adopted: November 21, 2000

LEGISLATIVE HISTORY

Introduced: August 1, 2000
Passed First Reading: August 1, 2000
Referred to: Public Safety Committee
Deferred Indefinitely: August 15, 2000
Amended: October 3, 2000
Deferred: October 3, 2000
Deferred: October 17, 2000
Amended: November 21, 2000
Passed Second Reading: November 21, 2000
Passed Third Reading: December 5, 2000
Approved: December 12, 2000
By: Mayor Bill Purcell