§ 9-2-50. MUSIC OFFICE REVIEW.

(A)

Within three days of receiving an application for an outdoor music venue permit under Section 9-2-39 ( Outdoor Music Venue Permit ), the accountable official must forward the application to the music office for review under this section.

(B)

After receiving an application from the accountable official under Subsection (A) of this section, the music office shall conduct an appropriate level of investigation based on the type of permit sought and its potential impacts to the surrounding community. The investigation may include on-site inspections and sound measurements, discussions with nearby residents and business owners, and any additional research relevant to assessing potential impacts. For an event on city parkland for which review is required under Section 8-1-41 ( Use of Sound Equipment ), the music office shall coordinate its review and investigation with the director of the Parks and Recreation Department.

(C)

After conducting an investigation under Subsection (B) of this section, the music office shall prepare a report recommending approval or denial of the application and any appropriate conditions and restrictions. If necessary to protect public health and safety, the music office may recommend heightened restrictions for one or more of the following that exceed the standards required under Section 9-2-30 ( Decibel Limits for Outdoor Music ) or other provisions of this chapter:

(1)

limits on attendance and capacity;

(2)

decibel limits, which may include a requirement to use C-weighting in addition to standard decibel measurements; and

(3)

hours of operation.

(D)

The music office shall base its report under Subsection (C) of this section on the following factors:

(1)

suitability of the site for outdoor music based on topography and proximity to existing and future residential, commercial, and civic uses;

(2)

size and capacity of the site or venue covered by the permit;

(3)

sound-mitigating design features proposed in the application, including building design, stage construction and orientation, buffering, size, location, and orientation of speakers;

(4)

restrictions on decibel levels or hours of operation proposed by the applicant, if any, beyond those required by this chapter for the permit sought;

(5)

ownership and operation of decibel meters;

(6)

availability of a responsible party, as defined in Section 9-2-1 ( Definitions ), to attend and monitor outdoor music events;

(7)

potential for additional sound mitigation; and

(8)

history of noise complaints and violations at the site, as verified by the chief of police or the accountable official.

Source: Ord. 20110210-029; Ord. No. 20141106-021, Pt. 3, 11-17-14 ; Ord. No. 20141106-022, Pt. 2, 11-17-14 ; Ord. No. 20180510-018 , Pt. 6, 5-21-18.