by Kevin Allman
According to a handout provided by the officer on the scene, the shutdown of the TBC Brass Band at Bourbon and Canal last night was predicated on the band violating two municipal ordinances, one for street entertainers and the other for "persons playing musical instruments on public rights-of-way."
The ordinances in full:
Sec. 30-1456. Use of Bourbon Street restricted.
It shall be unlawful for any person to perform any street entertainment on the street or sidewalk of Bourbon Street from the uptown side of Canal Street to the downtown side of St. Ann Street between the hours of 8:00 p.m. and 6:00 a.m.
(Code 1956, § 42-109.1(b))
Sec. 66-205. Persons playing musical instruments on public rights-of-way.
It shall be unlawful for any person to play musical instruments on public rights-of-way between the hours of 8:00 p.m. and 9:00 a.m. Persons may obtain a temporary permit as provided by this article. The provisions of this section shall not apply to any person who has obtained a temporary permit as provided for by section 66-176 or are specifically exempted from the provisions of this article as provided by sections 66-138 and 66-139 or any noise resulting from activities of a temporary duration, for which a temporary permit has been granted by the city as provided for in section 66-176.
(Code 1956, § 42A-15)
Sec. 66-205 deals with noise ordinances, but the exceptions to the law in Sec. 66-138 are interesting as well:
Sec. 66-138. Exemptions from Table 1.
The following are exempt from the sound level limits of Table 1:
(1) Domestic power tools, lawn mowers and agricultural equipment, between the hours of 7:00 a.m. and 10:00 p.m. weekdays and 8:00 a.m. and 10:00 p.m. on weekends.
(2) Noises resulting from any authorized emergency vehicles when responding to an emergency.
(3) Safety signals and alarm devices, storm warning sirens or horns, and the authorized testing of such equipment.
(4) Noises made during a parade or concert sponsored by the city, or for which a permit has been granted by the city.
(5) Any noise resulting from activities of a temporary duration, for which a special permit has been granted by the city.
(6) Noises from nonamplified church bells and chimes.
(7) Noises from construction and demolition activities for which a building permit has been issued by the department of safety and permits are exempt from Table 1 between the hours of 7:00 a.m. and 11:00 p.m., except in those areas zoned as RS, RD, or RM residential districts. Construction and/or demolition activities shall not begin before 7:00 a.m. or continue after 6:00 p.m. in areas zoned as RS, RD, or RM residential districts, or within 300 feet of such residential districts. Mufflers on construction equipment shall be maintained.
(8) Notwithstanding the provisions of subsection (7) of this section or any other provision of this Code to the contrary, pile driving activities in the area bounded by Canal Street, North Gayoso Street, Bienville Avenue, and North White Street shall be and are permitted to be conducted only between the hours of 3:00 p.m. and 11:00 p.m., Monday through Friday, but shall be and are permitted to be conducted between the hours of 8:00 a.m. and 6:00 p.m. Saturdays and Sundays.
(9) Interstate railway locomotives and cars.
(10) Installation and maintenance of public and private utilities.
(11) Mosquito control ground-spraying operations.
(12) Street cars.
(13) Any outdoor evangelistic endeavor conducted by a bona fide, tax-exempt religious organization or by a duly authorized representative thereof.
(14) Jazz funerals.
(15) Golf course lawn and maintenance activities at legally permitted golf courses on Mondays through Saturdays, between the hours of 6:00 a.m. and 6:00 p.m.
(Code 1956, § 42A-6; M.C.S., Ord. No. 19,420, § 1, 10-21-99; M.C.S, Ord. No. 22723, § 1, 7-12-07)
So: In consideration of sound levels, brass bands and other street performers have to wrap it up by 8 p.m. ... but your neighbor can run his leaf blower until 10 p.m.