BERNALILLO COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 2010- ___ A REVISION TO CHAPTER 30, ARTICLE IV OF THE BERNALILLO COUNTY CODE INSERTING A PERMIT PROCESS FOR BUSINESS IN A COMMERCIAL ZONE TO BROADCAST AMPLIFIED SOUND. SECTION 30-125 B
Commercial users of sound amplifying equipment on private property in a commercial zone may apply to the County Manager for a permit allowing the use of said equipment under the following terms and conditions:
(1) The commercial user shall submit a written application to the County Manager on a form approved by the Environmental Health Office;
(2) The application shall include a detailed description of all the proposed uses of sound amplification equipment by the commercial user, including, but not limited to, specific dates, specific times, locations, and measures that will be taken to mitigate the impact of sound on neighboring residents;
(3) A site plan, drawn to scale, of the property where amplified sound will be produced, including the proposed location of the amplifying equipment and any buildings, structures, parking areas, stage, bandshells, and other features of the property that clearly indicates the property boundary, a north arrow, and the distance to any church, school, hospital, daycare
facility, library, or senior care facility.
(4) The proposed plan shall not violate any other county ordinances except those regulating noise created by amplified music or human speech;
(5) The application shall include a fee of $100.00 per event;
(6) The commercial user shall apply for a new permit upon any change in the content, duration, or other conditions described in the original application;
(7) The only sounds permitted shall be either music or human speech or both;
(8) The operation of sound amplifying equipment shall only occur between the hours of 9:30 a.m. and 9:30 p.m. each day;
(9) No sound emanating from sound amplifying equipment subject to a permit shall exceed 75 dB at the property line where the commercial premises is adjacent to other properties;
(10) Notwithstanding any other provision of this article, no sound amplification use approved under this ordinance shall be operated within 500 feet of any church, school or hospital, daycare facility with children present, library, or senior care facility while such facility is in operation.
(11) Any permit issued under this section may be revoked by theEnvironmental Health Office if any sound measurement by county officials exceeds that allowed in this section or the permit holder refuses to allow county officials on the commercial premises to inspect conditions to determine if any conditions described in the permit are altered or violated.
(12) The applicant must provide the means for self-monitoring of the permitted amplified sound in a manner acceptable to the Environmental Health Office;
(13) The Environmental Health Office shall not grant any request under this ordinance that requests to use sound amplification equipment for more than a three (3) hour period per day or on more than two (2) days per week. The limit on the number of days per week shall not apply to those weeks containing the holidays of New Year’s Day, Memorial Day, the Fourth of July or Labor Day where an applicant may request three (3) days per week.
BE IT ORDAINED BY THE GOVERNING BODY OF THE COUNTY OF
BERNALILLO, NEW MEXICO THIS ___DAY OF ____________, 2010.
BOARD OF COUNTY COMMISSONERS
Art De La Cruz, Chair
Maggie Hart Stebbins, Vice Chair
Alan B. Armijo, Member
Michael C. Wiener, Member
Michael Brasher, Member
APPROVED AS TO FORM:
Maggie Toulouse Oliver, County Clerk