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Prepared: August 29, 2001 First reading: 2001 • Approved by City Council on AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-3 (DEFINITIONS) OF CHAPTER 16 (NOISE CONTROL) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, AND TO FURTHER AMEND CHAPTER 16 BY ADDING THERETO NEW SECTIONS 16-10 (SOUND LEVELS—DOWNTOWN MALL) AND 16-11 (SOUND LEVEL MEASUREMENT). WHEREAS, the Council of the City of Charlottesville, Virginia finds and determines that: 1. The historic pattern of the development of the City's downtown business district has been as a mixed-use area, containing residential, commercial and retail uses. 2. The streets and other public places, as well as the quasi -public places in the downtown business district have become a popular location for the open-air performance of music, song and other shows and for performances which attract participants or spectators. 3. Noise is generated by these shows and performances, as well as a variety of other activities in the downtown business district. 4. The noise generated by some of the shows, performances and other activities in the downtown business district has unreasonably disturbed the comfort, health, welfare, environment, peace and repose of persons who live and work within or immediately adjacent to the downtown business district. 5. The following regulations constitute reasonable time, place and manner regulations on the rights of persons to use the streets, public areas and the quasi -public areas within the City's downtown business district, and are necessary to balance such persons' rights with the rights of persons who live and work within the district to peace and quietude within their residences and businesses. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville: 1. That Chapter 16 of the Code of the City of Charlottesville, 1990, as amended, is hereby amended and reordained as follows: 16-3. Definitions. Background noise level shall mean the aggregate of all sound sources impacting at the place where a specific sound generation is measured or evaluated excluding the specific sound generation itself. Downtown Business District means for the purposes of this chapter, that portion of the • south Ridge -McIntire Road on the west and to 7'" Street S.E. on the east consisting of pi streets public sidewalks and pedestrian walkways public open spaces outdoor caf6 areas Page 1 of 3