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(1) It is unlawful for any person to cause, or for any person in charge of a group of persons, to allow sound from an officially sanctioned musical event to originate in a public park, stadium, center or public place, which exceeds an Leq of 95 dBA for one minute as measured 50 feet (approximately 15 meters) from the source or sources, whether or not the sounds are live or recorded; provided, that this limitation shall not apply to indoor events. Between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, and 11:00 p.m. and 7:00 a.m. Friday and Saturday, the maximum noise levels set in PMC 9.130.040 shall govern.

(2) Each violation of this section which occurs after notice to the person (designated on the permit as the agent to receive notices of violations in the case of events with permits) that he or she is in violation of this section shall constitute a separate offense. At the time of application the applicant shall designate an on-premises agent who will accept notices of violations of this section during the event. The absence of the designated on-premises agent from the event or the inability of the serving agency to locate the on-premises agent or the refusal of an on-premises agent or responsible official of a group to accept notice of a violation shall not affect the validity of the initial or successive violations.

(3) The City Manager, the Director of Community and Economic Development, the Director of Administrative and Community Services, the Chief of Police, or an authorized representative of any of them may terminate a performance as a public nuisance after following the notice requirements of subsection (2) of this section if the decibel level exceeds 105 dBA for a total of five minutes in any 30-minute period as measured 50 feet (approximately 15 meters) from the source or sources.

(4) Before any permit or other authorizing document is issued for any event which will produce sounds which may violate this section, the application shall be circulated to the Director of Community and Economic Development, who is authorized to attach any conditions consistent with this chapter and reasonably calculated to prevent annoying sounds.

(a) In any permit for use of a public park, stadium, center or public place, the Director or his designee may stipulate that the City will require sound-control monitoring services whenever:

(i) Amplified sound will be used at the proposed event; and

(ii) The Director or his designee finds that, unless monitored, the sound level originating at the proposed event may exceed the sound level in subsection (1) of this section. The Director shall be guided principally by the expected power and type of amplification and, for those with a record of prior usage, by past events held on City property within the last two years.

(b) The Director, in his or her discretion, may perform the service directly, delegate performance to the authority issuing the permit, or retain an acoustician.

(c) In the event that monitoring is required, the cost of such service shall be paid by the event permittee.

(5) This section does not limit or diminish the management authority of the Director of Administrative and Community Services to require a performance bond or cash deposit for the use and occupancy of a public park, stadium, center or public place, a security for payment of costs and expenses related thereto, damages or cleanup costs that may arise from a proposed event, and/or taxes and other amounts that may become payable; nor does this section limit or diminish the City’s management authority to grant or deny such permits for causes independent of the Noise Ordinance codified in this chapter.

(6) A copy or digest of this section on noise in public parks and public places shall be delivered to every person applying for a permit or other authorizing document which involves the production of sounds which may violate this section and the permittee shall sign a receipt signifying that he or she has received the same. [Ord. 3591 § 1, 2002; Code 1970 § 9.61.045.]