How to be a Street Performer in Nashville


How to Be a Street Performer in Nashville
by Sue Basko, esq.

 UPDATE: May 31, 2014: Street performers in Nashville told me today that police are now enforcing a rule of No drums, No amplifiers, No Saxophones, No stools.  I am not sure if these are new rules or enforcement of existing sound ordinances and sidewalk encroachment ordinances.  I await more info.  

See the 2013 Sound Ordinance down below.
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Street performers are legal in Nashville, but you cannot sell anything unless you first get a street vendor's permit. Also, you cannot put up a sign or table or cart or any other thing that blocks the sidewalk or that might obstruct visibility for car drivers.

Also, you cannot create a nuisance, which means you cannot make any noise or bring any animals or do anything else that "shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk."

Also, no performers of any kind are allowed in parks without a special parks permit. I find the detailed wording on that part of the law to be amusing:


13.24.150 Exhibitions and contests.
A. No person shall erect any structure, stand or platform, exhibit any dramatic performance or the performance, in whole or in part, of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, rope-walking or any other acrobatics or show of any kind or nature, or parade, drill or maneuver of any kind, or run or race any or maneuver of any kind, or run or race any horse or other animal or being in or on a vehicle, horse or other animal or being in or on a vehicle, race with another vehicle or horse whether such race is founded on any stake, bet or otherwise, or hold any athletic contest, in any park except in accordance with the rules and regulations of the board.
So remember -- Keep out of the Nashville parks with your opera, juggling, farce, rope-walking, and minstrelsy.

How about amplifiers?

UPDATE May 30, 2014: See the 2103 Sound Ordinance down at bottom of this page.

You cannot take anything onto the sidewalk or street that creates any noise that is offensive or that affects the comfort of others. What is this likely to mean? It is likely to mean that if you position yourself on a commercial street not near any residences, churches, or schools, and play music that most people would consider pleasant, and not too loud, you will likely be okay. If you push the boundaries, you are likely to be asked to leave or fined. Keep in mind that municipal police have the right to arrest violators. If you are told to stop doing something and you do not want to be arrested, stop doing it. Here is the nuisance section of the law:

13.32.110 Public nuisances prohibited.
No person shall take, carry, expose or place in or upon any street, alley or sidewalk any substance, animal or thing which is or is likely to become a public nuisance, or which shall imperil the life, health or safety of any person who is or may properly be in or on such street, alley or sidewalk or which, through the giving off of odors or noises, shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk. (Prior code § 38-2-21)
The section of the municipal law relating specifically to street performers:
ENACTED 09/15/1998






ORDINANCE NO. O98-1191
AN ORDINANCE TO REGULATE TEMPORARY SIDEWALK ENCROACHMENTS BY STREET VENDORS, SIGNS AND PERFORMERS.
WHEREAS, the primary purpose of the public streets, sidewalks, and other public ways is for use by vehicular and pedestrian traffic;
WHEREAS, vending and commercial displays on such public ways promotes the public interest by contributing to an active and attractive pedestrian display;
WHEREAS, street performers contribute to the unique character of the city and promote the cultural and artistic heritage of the city;
WHEREAS, reasonable regulation of any temporary encroachment on public ways is necessary to protect the public, health, safety, and welfare; and
WHEREAS, the regulations contained herein are not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities to ensure that the public ways remain safe and useful for their primary purpose and are attractive to tourists and the public.

NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1: That Chapter 13.08.040 of the Metropolitan Code of Laws is hereby amended by deleting the existing language, and by substituting in lieu thereof the following:
    1. No person shall stop, stand or park any wagon, pushcart, automobile, truck or other vehicle, or erect any temporary stands, signs or otherwise, upon or within any public property of the metropolitan government for the purpose of selling or offering for sale any goods, food, wares, merchandise or products of any kind, nor shall any person sell or offer for sale, upon or within any public property of the metropolitan government, any goods, food, wares, merchandise or products of any kind. The prohibitions contained in this subsection shall not affect or apply to any agreement with, or the written approval of, the respective department, board, agency, officer or other person having control or custody of that particular property. (Ord. 91-114 § 1, 1992)
    2. 1. It is unlawful for any person to obstruct any public way, including alleys, roadways, sidewalks and streets as defined by Sections 12.04.010, 12.04.315, 12.04.335, and 12.04.375 of the Metropolitan Code, except as authorized by law. This subsection shall not apply to:
    1. Any street vendor operating with a proper license or permit issued by the county clerk under subsections (A)(3) and (4) of this section that satisfies this ordinance.
    2. Vendors exclusively engaged in the sale of newspapers, magazines, periodicals or other such written items provided that the requirements for clearance at intersections set forth at Section 13.12.190 are satisfied and who do not utilize a cart, wagon, or any other mobile device or vehicle to sell such written materials.
    3. Solicitation of donations by a non-profit organization or the sale of merchandise by a non-profit organization which constitutes, carries or makes a religious, political, educational, philosophical or ideological message or statement related to the purpose of the non-profit organization.
    4. Produce sellers licensed pursuant to the provisions of Chapter 6.104.
    5. Persons to whom a privilege has been extended under the provisions of Section 13.36.020 allowing them to come upon or take any position upon the area of the curb market or the auxiliary curb market.
    6. In conjunction with, and as part of, an organized program of conventions, professional meetings, seminars and other similar events, any individual distributing free samples of goods from his or her person or vendors, merchants, exhibitors and salesmen who exhibit, demonstrate, or solicit orders for goods at any such event.
    7. These exceptions shall operate to create a privilege and not a franchise or license. In the event the exceptions stated in this subsection are repealed or otherwise revoked, the provisions of this ordinance shall then apply and any wagons, pushcarts, stands, signs, displays and any news and literature distribution racks no longer excepted shall be removed at the owner’s expense.
    1. Definitions. Within the meaning of this section, these terms shall be construed as follows:
a) "Commission" shall mean the Metropolitan Traffic and Parking Commission.
    1. "To obstruct" shall mean to so occupy the public ways so that the free use and enjoyment thereof by the public is in any way interrupted or interfered with, or such that the free ingress and egress to or from any building fronting on any public thoroughfare is impaired.
    2. "Public way" shall mean all areas legally open to public use and used and/or intended for vehicular or pedestrian traffic, including public streets, alleys, sidewalks, and roadways, but excluding any public property of the metropolitan government.
    3. "Public property" shall mean all property, real and personal, belonging to the Metropolitan Government, excluding that which is used and/or intends for use by vehicular or pedestrian traffic and defined herein as a public way.
    4. "Street vendor" or "vendor" shall mean any individual, including an employee or agent of a group of individuals, partnership, or corporation, who sells, or offers to sell services, food, beverages, goods, or merchandise on any public way whether such activity involves the sale of such items from the vendor’s person or by use of a stand.
    5. "License" or "permit" shall mean the form issued by the County Clerk evidencing that the vendor is allowed to sell or offer to sell goods and services on the public way.
    6. "Stand" shall mean any table, tarp, display, bench, booth, rack, handcart, pushcart, wagon or any other fixture or device which is not required to be licensed and registered by the department of motor vehicles, and is used for the display, storage, or transportation of food, beverages, goods or merchandise on any public way.
    7. "Special event" shall mean any occasion officially recognized by the Mayor’s Office of Film and Special Events including, but not limited to fairs, shows, exhibitions, municipality-wide celebrations, festivals and other similar events, within a specifically defined area of the municipality for a specified period of time.
    8. "Business" or "property owner" shall mean any individual, including an employee or agent of a group of individuals, partnership, or corporation who is a tenant in or who owns property abutting the public way.
    9. "Pedestrian" shall mean a person who is walking or otherwise traveling on the public way.
    10. "Sign" or "sandwich board" shall mean any portable sign used to convey information of a commercial nature.
    11. "Street performance" shall mean any theatrical, musical, visual, or other presentation for entertainment purposes on the public way. "Street performer" shall mean any person or group of persons who conducts a street performance.
    12. Distance - All measured distances and distance requirements addressed in this regulation shall be distances measured in a straight line from the nearest edge of the vendor’s stand or sign to the nearest edge of the object from which the sign or stand is to be distant.
    1. It is unlawful for vendors of goods or services not meeting the exception in subsection (A) (1)(a) above to sell, display, or offer for sale any food, beverage, goods, or merchandise on a public way before acquiring a street vendor’s permit from the County Clerk. To acquire a permit, a vendor shall apply for a permit from the County Clerk and must provide all information, on a form supplied by the County Clerk, necessary to determine whether a particular permit may be issued.
    1. The application must include, but is not limited to, the vendor’s full name, home address, permanent business address (if any), telephone number, driver’s license number, three copies of a current full-face photograph of vendor, three current full-face photographs of each of vendor’s employees, proof of identity for each vendor and/or employee and proof that any other required permits or authorizations have been obtained.
    2. The application shall also state a brief description of the nature and character of the food, beverages, goods or services to be sold and shall be accompanied by a photograph of the vendor’s stand(s).
    3. If the vendor is employed by or is an agent of another, the application shall state the name and business address of the principal or hiring person, firm, association, organization, company or corporation.
    4. Vendors with multiple stands, displays, carts, wagons or any other means by which to offer goods or services to the public must procure a permit for each space occupied.
    5. Vendors not holding a general vending permit who wish to offer goods and services to the public in conjunction with any special event shall apply for a temporary vending permit.
    6. Any vendor engaged in the sale of food or beverages must, in addition to the above requirements, comply with the following:
    1. Vendors of food and beverages shall be required to maintain a health permit from the local health department in addition to the general vending permit. Upon application for the general vending permit, vendors of food and beverages shall have their applications forwarded to the health department for approval and shall submit their equipment for inspection.
    2. Upon approval by the local health department, the food and beverage vendor shall be subject to inspection by local health department officials as provided for by law at periodic intervals.
    1. The application must include a provision indemnifying and holding harmless the Metropolitan Government from any and all claims arising out of the vendor’s operation. Applicant must provide the Mayor’s Office and Special Events with a copy of a certificate of liability insurance with a minimum coverage of one million dollars ($1,000,000). The policy must name The Metropolitan Government of Nashville and Davidson County as additionally insured. Certificate must accompany the application.
    2. Any intentional misrepresentation on the application by a vendor shall constitute grounds for denial, suspension or revocation of a permit.
4. At the time of application, a vendor shall pay an annual permit fee of $100.00. Vendors seeking a temporary vending permit shall pay a fee of $25.00. No vendor shall be permitted to obtain any temporary permit(s) authorizing vending in excess of ten (10) days, cumulatively, during any twelve (12) month period. Any vendor who wishes to conduct operations for more than ten (10) days per year must obtain a general vending permit.
    1. Application Processing.
    1. Upon receipt of an application, the County Clerk shall:
    1. Ensure the application is complete. Applications which are not complete shall be denied and returned to the applicant.
    2. Ensure that all fees have been properly paid and that a Certificate of Insurance has been provided. Applications for which all applicable fees have not been paid or which do not contain a Certificate of Insurance shall be denied.
    3. Determine whether the applicant has been convicted of violation of this ordinance during the twelve (12) month period preceding the application. If the applicant has been convicted of three (3) or more violations of this ordinance during the preceding twelve (12) months, the application shall be denied.
    4. Ensure that vendors offering foods or beverages have obtained all necessary licenses, permits, and/or inspections in accordance with subsection 1(B) (3)(F) herein. If the required permits, licences and/or inspections have not been obtained, the application shall be denied.
    5. Take reasonable steps to verify the truthfulness of the information provided on the application. Applications found to contain false information shall be denied.
    6. If the application is for a temporary permit, determine the number of previous temporary permits obtained during the previous twelve (12) months. No more than ten (10) temporary permits may be issued during any 12-month period. Applications requesting temporary permits in excess of this number shall be denied.
b)The County Clerk will notify the vendor in writing of the decision to issue or deny the permit and, if denied, the reason for denial. The County Clerk will provide the notification as soon as is practicable, but in no case shall notification occur later than thirty (30) days after the filing of a properly completed application. In the event an application has not been granted or denied within thirty (30) days from receipt for filing, an interim permit, renewable at ten (10) day intervals, shall be issued to the applicant. Additional interim permits shall issue until such time as the application is granted or denied. The permit shall be valid for one (1) year after issuance and shall be renewable upon expiration in each subsequent year so long as the vendor remains in good standing and has been convicted for no more than three (3) violations of this ordinance in the previous 12-month period. In the event that a vendor is denied a permit, either upon application or at renewal, the vendor shall have an opportunity to appeal the denial as described in subsection (C)(4).
6)Restrictions. The granting of a permit confers a privilege, not a franchise or license. A permit does not guarantee a particular space or that any space or particular space will be available.
    1. The sale of goods or services by street vendors is limited to the CC and CF zoned districts.
    2. Sales of goods or services by vendors on roadways or streets is prohibited and no sales from vendors to vehicles on the public roadways shall be permitted.
    3. Each street vendor must prominently display the permit, in addition to any Business Tax License the vendor may be required to possess, and if a vendor of food or beverage, the health permit must also be prominently displayed. I.D. badges issued by the County Clerk are to be worn at all times by vendors and their employees and are not transferable. Vending operations in violation of this provision shall be ordered removed until the deficiency is corrected.
    4. Vending at the Nashville Convention Center, the Municipal Auditorium, and the Nashville Arena shall be in compliance with the more particular regulations set forth in the Metropolitan Code at Chapter 6.32.
    5. Street vendors operating on the public way agree to indemnify and hold harmless the Metropolitan Government from any cause of action arising from the operation of the vendor.
    6. Street vendors operating within the CC and CF districts in the area on Second Avenue, between Broadway and Church Street, and on Commerce Street, between Second and Third Avenues, are subject to the additional restriction that they must be located only in marked spaces, a map of which is available from the County Clerk. These spaces will be occupied on a first come first serve basis. Spaces shall not be assigned or reserved in any manner.
    7. The owner of any wheeled and mobile vehicles, temporary stands, signs or displays or racks shall gain no right to compensation by virtue of being forced to move to allow access to utilities, regardless of the length of time incurred thereby. Nothing herein shall be construed to prohibit or otherwise affect the practice of vending on any public roadway, street or sidewalks during the course of any event as defined in Section 2(h) hereof for which the Metropolitan Government has given its official written permission to close or otherwise alter the normal, everyday use of any public roadway, street or sidewalk for a specified, limited period of time.
    8. Permits are non-transferable.
    9. The sale of fresh produce shall be in compliance with the more particular regulations set forth in Chapter 6.104.
    10. The operation of the Curb Market and Auxiliary Curb Market shall be in compliance with the more particular regulations set forth in Chapter 13.36 of the Metropolitan Code.
    11. The Commission shall have the authority to publish and enforce such other regulations related to vending, street performers, and other temporary sidewalk encroachments as shall be necessary to effectuate this ordinance and to ensure the free flow of pedestrian and vehicular traffic and to ensure the safety of the public.
C.Suspension, Revocation or Denial of Permits.
1.Any permit issued under this ordinance may be suspended or revoked by the Commission for any of the following reasons:
    1. Fraud or misrepresentation in the application for the permit; or,
    2. Fraud or misrepresentation in the course of conducting the business of vending; or,
    3. Conducting the business of the vending contrary to the conditions of the permit and/or these regulations; or,
    4. Conducting the business of vending in such a manner as to create a public nuisance or to constitute a danger to the public health, safety or welfare; or,
    5. Cancellation of health department authorization for food or beverage vendors.
    1. The Commission shall consider the following factors in determining whether a permit should be suspended or revoked:
    1. The number of citations for violation of this ordinance previously received by the vendor; and
    2. The number of previous suspensions and/or revocations imposed upon the vendor; and
    3. The number of occasions for which the vendor’s permit was subject to suspension or revocation and was not suspended or revoked; and
    4. The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the vendor’s misrepresentation, noncompliance and/or misconduct; and
    5. Whether or not the condition subjecting the vendor to suspension or revocation is of a nature that has been or can be corrected.
3. Upon suspension, revocation or denial of the issuance of a permit, the Commission shall deliver written notice to the permit holder or applicant stating the action taken and the reasons supporting such action, and the right to reconsideration of that decision as set forth below. The written notice shall be delivered to the permit holder’s or applicant’s place of business or last known address. Placement of such notice in the U.S. mail shall constitute delivery. A permit which has been suspended shall remain suspended until such time as the condition causing the suspension has been corrected to the satisfaction of the Commission. A permit which has been revoked shall remain revoked for one year following the date of revocation. No vendor whose permit has been suspended or revoked may apply for a new permit during the period of suspension or revocation.
4.Any permit holder or applicant whose permit is suspended or revoked or whose application for a permit is denied may within fifteen (15) days of the date of that action notify the Commission that the permit holder or applicant desires reconsideration of that decision. A hearing of the request shall be scheduled for the next regular meeting of the Commission. The suspension or revocation shall remain in effect pending the hearing. At the hearing, the permit holder or applicant will be afforded an opportunity to be heard and to present facts and witnesses on his own behalf. The permit holder shall not be entitled to an adversarial hearing or to examine any witness except those the permit holder may present on his or her own behalf.
    1. Renewals.
      2. Permits may be renewed, provided an application for renewal of the permit and the required fee are received by the County Clerk no later than the date of expiration of the existing permit and provided that the vendor has no more than three (3) violations of this regulation within any twelve-month period. A vendor whose permit has been revoked may submit an application upon the expiration of the revocation. Applications received after that date shall be processed as new applications. The Commission shall review each renewal application to ensure that the vendor is in full compliance with the provisions of this regulation. If the Commission determines that the vendor has complied with the above requirements, the Commission will renew the permit for one year.
    2. Penalties
    1. Any person who offers merchandise for sale in violation of this regulation or who violates any other provision of this regulation shall be punished as follows:
Fines:
1. First Offense $250
2. Second Offense $350 (within one (1) year of the first offense)
3. Third Offense $500 (within one (1) year of the first offense)
4. Fourth offense and all subsequent offense $500 (regardless of the time period since the third or last offense)
All fines paid pursuant to this section will be deposited into the General Fund of the Metropolitan Government.
2.The permit of any person who offers merchandise for sale in violation of the regulation or who violates any other provision of this regulation may be suspended. The permit of any person who seriously endangers the health and/or safety of the public by misrepresentation or violation of this regulation or who is convicted of three (3) or more violations of this regulation during any twelve (12) month period shall be revoked.
SECTION 2:That Chapter 12.40.160, Chapter 6.76.070, and Chapter 6.104.050 of the Metropolitan Code of Laws is repealed.
SECTION 3: Should any court of competent jurisdiction declare any section, clause or provision of this Ordinance to be unconstitutional, illegal or unenforceable for any other reason, such decision shall affect only such section, clause or provision so declared unconstitutional, illegal and unenforceable, and shall not affect any other section, clause or provision of this Ordinance, it being the intent of the Metropolitan Council that all other provisions of this Ordinance remain in full force and effect.

SECTION 4: That this Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

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Nashville Sound Ordinance

11.12.070 Excessive noise.

A.
Except for properties lying within an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district, 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. 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. 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. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
B.
The provisions of this subsection B. shall be applicable for properties lying within an area zoned DTC district and properties zoned CS district that are contiguous to those zoned DTC district:
1.
Except as provided in subsection B.5. of this section, it shall be unlawful to operate or allow the operation of any amplification device mounted to the exterior of a building or structure, or to operate such device outside of the premises.
2.
It shall be unlawful for interior speakers of an establishment during business operating hours to be aimed or oriented toward the exterior opening of a building, when said speakers produce sounds registering more than eighty-five Decibels (A weighted), as measured at street level fifty linear feet from the outside wall of the structure within which the noise is produced. Other than during business operating hours, it shall be unlawful for any establishment to operate or allow the operation of interior speakers producing sounds registering more than seventy Decibels (A weighted) at or on the boundary of the nearest public right-of-way or park. For purposes of this subsection, "business operating hours" means the hours during which an establishment is open to customers or patrons.
3.
All prerecorded music shall be limited to the 85 Decibel limit (A weighted), regardless of the source including, but not limited to: vinyl records, compact disks, digital video disks, digital audio players, hard drives, solid state memory, tape drives, radio sets or television sets. Such sound measurement shall be taken at street level fifty linear feet from the outside wall of the structure within which the noise is produced. Notwithstanding the foregoing, live music is expressly exempt from the 85 Decibel limitation. Live music shall mean that musicians, instruments and singers will not be prerecorded.
4.
If a commercial operation functions primarily as a dining establishment with outside seating, that establishment shall be exempt from the speaker prohibition but must limit the sound output to 85 Decibels (A weighted), as measured at street level fifty linear feet from the property line of the dining establishment from which the noise is produced.
5.
The following shall be exempt from the provisions of subsection B.1. above:
(a)
Special events, mass gatherings, or other permitted activities by the State of Tennessee or the metropolitan government or any of its boards or commissions;
(b)
Entertainment facilities constructed to provide outdoor entertainment owned by the State of Tennessee, the metropolitan government (or its agencies), or the parks under the control of the State of Tennessee or the metropolitan board of parks and recreation;
(c)
Churches or facilities used for religious worship.
C.
Motor vehicle noise. It shall be unlawful for any person to:
1.
Operate any motor vehicle that is not equipped with a muffler in good working order and in constant operation to prevent excessive noise.
2.
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.
3.
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.
D.
No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, either public or private property, shall operate or permit the operation of any sound amplification system, including, but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle or, in the case of a motor vehicle on private property, beyond the property line. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation.
E.
Except for properties lying within an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district, no person or persons owning, operating, or having the care, custody, or control of any facility located within fifty 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 seven a.m. and eleven 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 owned by metropolitan government or its agencies and parks under the control of the board of parks and recreation.
F.
Outdoor entertainment events within the downtown area.
1.
No person shall operate an outdoor music and/or entertainment event that produces amplified sound which registers more than eighty-five Db(A), as measured from any point within the boundary line of the nearest residentially occupied property at the street level.
2.
The provisions of this subsection shall only apply to (a) properties lying with an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district; (b) properties lying within an area bounded by properties fronting Music Square West and 17th Avenue South from Division Street to Edgehill Avenue; (c) properties along the north portion of Edgehill Avenue between 17th Avenue South and 16th Avenue South; (d) properties fronting 16th Avenue South and Music Square East between Edgehill Avenue and Division Street; (e) properties lying within an area fronting on the east side of 21st Avenue South from Scarritt Place to Edgehill Avenue; and (f) the properties fronting on the north side Edgehill Avenue to 17th Avenue South.
G.
Commercial noise.
1.
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 in excess of seventy Db(A) as measured from a point as close as possible to the outside walls of any residential structure located within a residential zoning district affected by the noise at a height of four feet above the immediate surrounding surface.
2.
For business or commercial facilities located within the DTC and CF zoning districts, 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 in excess of eighty-five Db(A) as measured from a point as close as possible to the outside walls of any residential structure located within a residential zoning district affected by the noise at a height of four feet above the immediate surrounding surface.
H.
Prohibitions contained in this section shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by the metropolitan government or any utility company, for sound emitted unavoidably during job-related operation, or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of the metropolitan government.
(Ord. BL2011-65 § 1, 2012; Ord. BL2009-587 § 2, 2010; Ord. BL2008-306 § 2, 2009; Amdt. 1 to Ord. BL2008-259 § 2, 2008; Ord. BL2008-259 §§ 1, 2, 2008; Amdt. 1 to Ord. BL2006-1138 § 1, 2006; Ord. BL2006-1138 § 1, 2006; Ord. 2002-1061 § 1, 2002; Ord. 2001-772 § 1, 2001; Amdts. 1, 2 to Ord. BL2000-378 §§ 1, 2, 2000; Amdt. 1 to Ord. 93-724, 8/3/93; Ord. 93-724 § 1, 1993; Ord. 88-508 § 1, 1988; prior code § 29-1-54)



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