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 West Palm Beach
 Code of Ordinances
 Chapter 34. ENVIRONMENT
 Article II. NOISE CONTROL REGULATIONS

  § 34-37. Noise level in specific area.  

Latest version.

  • (a)

    Purpose. The purpose of these regulations is to allow for areas of the city where the ambience contributes to the enjoyment by residents and visitors of uses that feature the serving of food and beverages accompanied by outdoor live and pre-recorded musical entertainment.

    (b)

    Boundaries. The area for which this section applies shall be the same area that is governed by the downtown master plan.

    (c)

    Limitation on noise volume.

    (1)

    It shall be unlawful for any person, sound device or establishment to make, continue, or cause to be made or continued, any unreasonably loud, excessive, unnecessary or unusual noise in the boundary described in subsections (a) and (b) of this section.

    a.

    In the Clematis waterfront district conservation district (CWD-CD), or in the area of the CityPlace district (CPD) consisting of Gardenia Street to the north, South Rosemary Avenue to the West, South Quadrille Blvd to the East and Okeechobee Boulevard to the South, any sound that exceeds 85 dBA or 90 dBC will be deemed "unreasonably loud."

    b.

    In all other areas of the downtown master plan that are not described in subsection (c)(1)a., any sound that exceeds 65 dBA will be deemed "unreasonably loud."

    c.

    Any sound emanating from a person, sound device or establishment will be measured by the decibel limit that applies to the area the person, sound device or establishment occupies when the sound is made.

    (2)

    All procedures for enforcement of violations of the noise limitations in subsection (c)(1) of this section and for appeals of notices of violations issued by code enforcement officers shall be, governed by section 34-41 and section 34-42 of this chapter.

    (d)

    Applicability of zoning provisions. The regulations set forth in this section shall be supplementary to all other provisions, and the zoning regulations set forth in chapter 94 shall continue to apply within the area.

    (e)

    Applicability of temporary permits and exemptions. Nothing in this section shall be construed to limit the availability of temporary permits or exemptions as set forth in section 34-39 and section 34-40 of this chapter.

(Ord. No. 4136-08, § 1, 4-21-2008; Ord. No. 4535-14, § 2, 7-6-2015)