LEGISLATIVE HISTORY
ORDINANCE NO. BL2008-259
An Ordinance amending Section 11.12.070 of the Metropolitan Code, Excessive Noise, to add a “plainly audible” standard for determining certain violations of the noise ordinance and to add requirements pertaining to motor vehicle noise.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 11.12.070 of the Metropolitan Code shall be and the same is hereby amended by deleting subsection A. in its entirety, and substituting in lieu thereof the following new subsection A.:
“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 are plainly audible from 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 are plainly audible 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. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
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 are plainly audible at or on the boundary of the nearest public right-of-way or park. 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. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
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 that are plainly audible fifty feet or more from any electromechanical speaker. 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. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
4. Operate any motor vehicle that is not equipped with a muffler in good working order and in constant operation to prevent excessive noise.
5. Operate a motor vehicle equipped with a cut-out, by-pass, or similar muffler elimination unit, or to operate a motor vehicle with devices that amplify motor noise or motor vehicle exhaust noise.
6. Operate a motor vehicle if the exhaust noise is plainly audible at two hundred feet. For purposes of this subsection, “plainly audible” means the detection of the sound of a muffler or of an exhaust by a person using his or her unaided hearing faculties.
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: Michael Craddock, Anna Page, Jim Gotto, Duane Dominy, Karen Bennett, Jim Hodge
Amendment No. 1
To
Ordinance No. BL2008-259
Madam President:
I move to amend Ordinance No. BL2008-259 as follows:
1. By renumbering Section 2 as Section 3 and adding the following new Section 2:
Section 2. That Section 11.12.070 of the Metropolitan Code shall be and the same is hereby amended by deleting subsection E. in its entirety, and substituting in lieu thereof the following new subsection E.:
“E. No person or persons owning, operating, or having the care, custody, or control of any business or commercial facility shall be permitted to operate any equipment, vehicles, or heavy machinery incident to performing business or commercial functions, or engage in any other business or commercial activity, between the hours of 9:00 p.m. and 6:00 a.m. which would emit, cause to be emitted, or permit the emission of any noise that is plainly audible from the outside wall of any residential structure located within a residential zoning district. The provisions of this paragraph shall not be applicable to business or commercial facilities located within the CC and CF zoning districts. For the purpose of this subsection, ‘plainly audible’ means any sound which clearly can be heard by unimpaired auditory senses.”
Sponsored by: Jason Holleman, Darren Jernigan
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LEGISLATIVE HISTORY |
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| Introduced: | August 7, 2008 |
| Passed First Reading: | August 7, 2008 |
| Referred to: | Public Safety Committee |
| Passed Second Reading: | August 19, 2008 |
| Amended: | September 16, 2008 |
| Passed Third Reading: | September 16, 2008 |
| Approved: | September 19, 2008 |
| By: | |