An ordinance amending Section 11.12.070 of the Metropolitan Code of Laws pertaining to limits on the operation of sound amplification equipment.

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 of Laws is hereby amended by adding deleting subsection A. and subsection B. in their entirety and substituting in lieu thereof the following new subsections A. and B.:

"A. It shall be unlawful for any person to:
1. Operate or allow the operation of any sound amplification equipment so as to create sounds that register more than fifty-five (55) db(A) between 9:00 a.m. and 9:00 p.m. or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured anywhere within the boundary line of the nearest residentially occupied property. For multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines can not readily be determined, it shall be unlawful to operate or allow the operation of any sound amplification equipment so as to create sounds that register more than fifty-five (55) db(A) between 9:00 a.m. and 9:00 p.m. or fifty (50) db(A) between 9:00 p.m. and 9:00 a.m., as measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property. For purposes of this section, "sound amplification equipment" means a radio, tape player, compact disc player, digital audio player, television, electronic audio equipment, musical instrument, sound amplifier, or other mechanical or electronic sound-making device that produces, reproduces or amplifies sound. This subsection shall not apply to a special event, mass gathering or other permitted activity by the metropolitan government or its boards or commissions. Further, 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, properties lying with an area zoned CC district and properties zoned CF district that are contiguous to those zoned CC district.
2. Operate or allow the operation of any sound amplification equipment for advertising purposes or otherwise to attract customers so as to cast sounds which are unreasonably loud and disturbing or which register more than sixty (60) db(A) at or on the boundary of the nearest public right-of-way or park.
3. Operate or allow the operation for personal use of any sound amplification equipment on the public right-of-way, including streets or sidewalks, or in parks under control of the board of parks and recreation so as to produce sounds registering more than sixty (60) db(A) fifty (50) feet or more from any electromechanical speaker between the hours of 9:00 a.m. and 9:00 p.m., or fifty (50) db(A) fifty (50) feet or more from any electromechanical speaker between the hours of 9:00 p.m. and 9:00 a.m.
B. The foregoing limitations on the operation of sound amplification equipment provided in subsection A. of this section shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used in emergency circumstances."

Section 2. 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: Billy Walls, Brenda Gilmore, Walter Hunt

Amendment No. 1
To
Ordinance No. BL2006-1138

Mr. President:

I move to amend Ordinance No. BL2006-1138 by amending Section 1 by adding the following provision at the end of subsection A.2 and subsection A.3:

"The provisions of this section shall not apply to properties lying with an area zoned CC district and properties zoned CF district that are contiguous to those zoned CC district."

Sponsored by: Billy Walls, Brenda Gilmore

LEGISLATIVE HISTORY
Introduced:	August 1, 2006
Passed First Reading:	August 1, 2006
Referred to:	Public Safety Committee Parks Committee
Passed Second Reading:	August 15, 2006
Deferred:	September 19, 2006
Amended:	October 3, 2006
Passed Third Reading:	October 3, 2006
Approved:	October 10, 2006
By: