§ 66-209. Placement of loudspeaker(s).

(a)

This section governs the placement of loudspeaker(s) by commercial enterprises operated within the Vieux Carré Historic Districts and the Central Business Districts, as defined in the Comprehensive Zoning Ordinance.

(b)

Each of the following is a "responsible party" for assuring compliance on the premises of a commercial enterprise governed by this section:

(1)

An owner of the premises;

(2)

A manager of the premises;

(3)

Any person controlling the volume of a sound amplification device on the premises, including but not limited to disc jockeys;

(4)

Any person named in the occupational license for the premises; or

(5)

The commercial enterprise.

(c)

A responsible party for any commercial enterprise governed by this section must assure compliance with the following requirements regarding placement of loudspeaker(s) operated by the enterprise or any person described in section 66-209(b):

(1)

In all commercial enterprises, no loudspeaker(s) shall be located beyond the interior walls of the building or be oriented in such a way that the face or front of the loudspeaker(s) points in the direction of any exterior door, window, or other opening to the exterior of the building. This provision shall not apply to permanently closed doors, windows, or emergency exits. No loudspeaker(s) shall have any openings on the back or side that project sound.

(2)

For commercial enterprises that hold a Class A alcoholic beverage permit so that they are lawfully permitted, whether a permanent or temporary permit, to sell alcoholic beverages for consumption on the premises:

a.

Loudspeaker(s) shall be located in the interior of the building and must be located at a distance greater or equal to ten feet from any exterior door, window, or other opening to the exterior; or

b.

If loudspeaker(s) are located less than ten feet from any exterior door, window, or other opening to the exterior of the building, then such windows, doors, or openings to the exterior must remain closed during the hours of operation. In the event that a door subject to this section constitutes an emergency fire exit that is required to remain open during hours of operation then the fire marshal, pursuant to city and state law, may exempt such door from the requirements of this section. Written documentation issued by the office of state fire marshal of such authorized exemption must be located at the commercial enterprise and must be available upon request.

(3)

For commercial enterprises that do not hold a Class A type alcoholic beverage permit so that they are not lawfully permitted to sell alcoholic beverages for consumption on the premises:

a.

Loudspeaker(s) shall be located in the interior of the building at a distance greater or equal to 20 feet from any exterior door, windows, or other opening to the exterior of the building.

(d)

Penalties. A commercial enterprise is subject to the following penalties upon a finding of a violation of this section:

(1)

For a first violation, a fine of up to $500.00.

(2)

For a second violation and any subsequent violation within 12 months of the initial violation, the fine shall be $500.00 for each violation.

(M.C.S., Ord. No. 24834, § 2, 4-5-12)