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Old 11-17-2009, 01:17 AM
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Freeda Freeda is offline
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Originally Posted by KathieI View Post
Freeda, does this answer your question about the level of the noise in question??

 (4) In determining whether a noise is unreasonably loud and disturbing, the following factors incident to such noise can be considered, in addition to such others as the enforcing authority deems relevant:
a. Time of day.

b. Proximity to residential structures.

c. Whether the noise is recurrent, intermittent, or constant.

d. The volume and intensity of the noise.

e. Whether the noise has been enhanced in volume or range by any type of electronic or mechanical means.
(5) Specifically, a noise source shall be considered a prohibited "noise disturbance" under the provisions of this chapter if it generates decibel levels greater than sixty (60) decibels in any residential or multifamily residential neighborhood at a point located one thousand (1,000) feet from the location generating the noise, or decibel levels greater than seventy-five (75) decibels at a point located one thousand (1,000) feet from the location generating the noise, regardless of the surrounding land use. Decibel levels shall be measured by an officer of the Sumter County Sheriff's Department, using equipment specifically designed for decibel measurement.
(5) is an objective test, assuming an accurate meter; and you had said in an earlier post that the sound volume at Havana on Monday night at 8:30 was less than that allowed by (5) standard, so I feel that should have been the end of the complaint.

To me (4) is arbitrary to the extent that it would be interpreted to proscribe music levels that comply with the standard of (5), at least during reasonable hours, which to me, as I mentioned in an earlier post, would be 10 PM weeknights and midnight on weekends. I don't see that parts (4) b, c, d, and e add anything that is not already covered by the sound level standard of (5), ie, if the sound level complies with the test that is allowed by (5), why should it matter whether it is constant vs. intermittent, or what its 'proximity' is to residences?