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Forum: General Discussion

Topic: Legal noise limit question (USA)

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I often work at one restaurant only for private events. At the last party the owner said there will be no more parties on Sundays because another another guy complains too much that our loud music conflicts with his business. He does tutoring on economics during some weird night time hours. Here is his website http://www.theecontutor.com. His classroom located not next to the restaurant but there is a nail salon in between which is closed every night.
So my question is where to get information on how loud the music can be played legally? This is in San Diego, California and is located on a big shopping plaza with grocery stores, banks, etc. I play at 80 years old birthday parties using 2 small QSC K8 speakers and this guy still complaints.
 

Inviato Wed 16 Feb 11 @ 12:40 am
Check with the clerk of courts and ask what the local noise ordnance is for businesses. Explain the situation and they should be able to tell you. That would be my first stop. Good luck.
 

Hi mate

I don't know about the US but in the UK there is not an actual limit. Any noise above the normal ambient sound level mesured in a property can be considered a nusance. Wether the sound level is considered unreasonable is decided by, (I would guess) in your case the EPA and enforcement would be done via court proceedings.

Daz
 

I think you should check the noise ordinance laws in San Diego as they pertain to commercial establishments. Businesses like restaurants and bars are governed differently than residential buildings.

For example, in my area after 10pm a neighbor can call and complain about noise and the police are within their rights to come to your house and ask you to keep it down - but not before 10pm. A business (bar/restaurant/club) is different because they have (or SHOULD have so check on this before asking what the rules are) permits that allow music (live or pre-recorded) to be played until a particular time. I suggest you check, as many cities (or counties depending on the state) are VERY specific as to what TYPES of entertainment can occur on premesis. For example there are bars in my area that have entertainment licenses that specifically say that they can have a jukebox, DJ but no LIVE entertainment.

It looks like your located in a mall? Check with the Property Manager/Owner (Mall offices) and explain the situation and ask what the rules are. I wonder what time he can be open until as per HIS lease - he may have no legal ground to stand on, but don't quote me. It is weird having a night class that runs from 10pm to midnight, is he a new business or established for a while? He may not know what the rules are either...

So, in closing, my advice is:

1. Check the restaurant's entertainment license to see what it says.
2. Check with the city as to Commercial Noise Ordinances - or similar
3. Check with the Property Owner/Management Company as to THEIR policy on Noise Ordinance

Good Luck!

-e
 

Thanks, dj e-rock!
 

OSHA section 1926.52 (29 CFR Part 1926) 02,01,1999

Permissible Noise Exposure
Duration/Day SPL (dBA)
8 90
6 92
4 95
3 97
2 100
1.5 102
1 105
0.5 110
0.25 115
 

OSHA section 1926.52 (29 CFR Part 1926) 02,01,1999

Permissible Noise Exposure
Duration/Day SPL (dBA)
8 90
6 92
4 95
3 97
2 100
1.5 102
1 105
0.5 110
0.25 115


Good luck!
 

Well worth bearing in mind for all entertainment industry workers.

Usefull information but this looks like a list of exposure limits for health and safety use. Interestingly the limits are slightly higher than the UK. It shows how long you can safely work in a noisy environment. Like I said usefull to know but im not shure if this is aplicable to the origional question.

Daz
 

Well over here in Auz you need a permit for anything over 80db for an extended amount of time.

Clubs can easily reach 92db and hold it for 3 hours+, meaning your manager should think about getting a permit..


TBH the bloke shouldn't have bought a place next to a bar/club!


Any who here's my sound advice tips:

CHEAP:
-Slap 'WARNING EXESSIVE NOISE' stickers all around your venue
-issue out ear plugs to guests (saves you money in the long term)
-get a noise pollution permit, get your manager to contact government

EXPENSIVE BUT GOOD:
-get an aqustic engineer to measure your sound weightings (ABCD)
-Use sound foam + reflectors, especially around the neighbours wall


righto so foam is blummin expensive but it keeps sound in your venue + makes it sound better
 

Im in the midwest, Iowa to be exact, anyways not only does the club have to have a permit but the soundman, dj has to have 1 aswell. Now even though you have that permit its still no guarantee that the cops wont come and still shut you down. We've had shows where they've come into the bar we were at and shut use down and midnight even though the permits say we have until 1 am. And then there's all the hoops that we have to jump through for an outdoor event. Almost not worth it sometimes. Maybe its just my poo- dunk town.......

Huey
 

we used to get noise complaints from a lady that lived 2 blocks away. took the officers to the back fence of our parking lot with a sound meter and it read 72db. took them inside and it read 95db. then the manager and the officers went to her house with the meter and while they could hear the thump of our subs, they said it wasn't that bad and that we should keep our back doors closed for most of the night.
there's always gonna be someone to complain about something, but like they said in some of the other responses - check your local ordinances to be on the safe side.
 

In the U.S. these ordinances are normally municipal so they are governed very differently in different places. I would be surprised if there was any law dealing with such things as high as the State level but I could be wrong.

In my (nearly 20 year) career working in clubs I only worked at once club in the midwest U.S. where this was an issue. In some places this may be regulated by an actual measure of noise such as using equipment to actually show how loud in decibels sound is. In other places it may be defined as simply as saying that if a person with average hearing can hear a sound at a certain distance then it is unacceptable.

It's not just nightclubs or parties. Churches in many places have dealt with this on Sunday mornings when 300 people are singing or bells are ringing. When I was a young person (in the 1970s) we attended a church that had to stop ringing a bell every Sunday morning because someone complained that it was too loud. I think they only rang the bell about 5 times every Sunday at 9:00 AM or some such.

As stated, I worked at one club where this was an issue. This club was near a residential area and there were a number of houses within 200 to 300 feet from the rear of the club. Normally, it was not a problem but sometimes the club would get really full and the sound would get cranked way up and the police would arrive and tell the owner to turn it down.

Right now, a friend of mine is dealing with a similar issue related to barking dogs. He has a neighbor about 200 feet away that has 4 or 5 dogs outside that bark all night.

The bottom line is that this is usually a local issue and depending on the zoning ordinance from place to place within a certain town or city, it can be handled a number of ways. In the simplest case, if a police officer comes out and stands where the complaintant is calling from and hears music, it could be a problem.
 



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