In this subtitle, the following terms have the meanings indicated. “Commercial speech” means speech or sound intended to promote any business or other activity carried on for profit. “Market Center Urban Renewal Area” means the urban renewal area established by the Market Center Urban Renewal Plan. “Publicly amplified sound” means any radio, phonograph, tape- or compact disc-player, loudspeaker, or other device that:electronically produces, reproduces, or amplifies the human voice or other sound; and is located:on public property; or on private property, but either:in an unenclosed area; or if in an enclosed area, within 9 feet of the nearest outside edge of the enclosed area. City Code, 1976/83, art. 19, §225 (parts) Ord. 99-548

The Mayor and City Council finds that the Market Center Urban Renewal Area serves the City in many important and irreplaceable ways. Most obviously, the area is a heavily used and essential retail and office district, providing job and shopping opportunities for countless thousands of City residents. Equally important, however, is the traditional role that the area serves as a public forum for many diverse kinds of City residents. On any given day, dozens of people come to the district to promote their ideas on a wide variety of topics. The Mayor and City Council further finds that publicly amplified sounds have hindered the use of the Market Center Urban Renewal Area, both as a shopping, office, and employment center and as a marketplace for the exchange of ideas. While recognizing that, in some instances, the reasonable use of amplification equipment facilitates the exchange of ideas, the Mayor and City Council finds that the indiscriminate use of this equipment in the Market Center has created a condition demonstrably injurious to the health, welfare, and safety of the citizens of Baltimore. Specifically, the Mayor and City Council finds that publicly amplified sound:can be injurious to the health of those exposed to it; when coming from or near a first floor business, impairs the use of offices above that business; deters people from coming to the Market Center to shop, work, and exchange ideas; hinders efforts to attract new businesses to the Market Center; can be hazardous to pedestrians and motorists in the Market Center; and aggravates an already-existing din that is caused by the architecture, building arrangement, proximity of businesses, and topography of the area and that is at its worst between 11 a.m. to 3 p.m. Through the enactment of this subtitle, the Mayor and City Council intends:to promote the use of the retail district both as a shopping, office, and employment center and as a marketplace for the exchange of ideas; and to control the negative effects of publicly amplified sounds while allowing reasonable use of electronic amplification equipment. City Code, 1976/83, art. 19, §224 Ord. 99-548

With respect to publicly amplified sounds in the Market Center Urban Renewal Area, this subtitle supersedes all other noise regulations of the City Code. This subtitle does not apply work performed by a public service company, as defined in State Code <cite data-path="|78">Article 78</cite>. City Code, 1976/83, art. 19, §§226, 227 Ord. 99-548

In the Market Center Urban Renewal Area, between 11 a.m. and 3 p.m., Monday through Saturday, no person may use any publicly amplified sound that contains commercial speech. At all other times in the Market Center Urban Renewal Area, no person may use any publicly amplified sound that contains commercial speech without a permit to do so from the Commissioner. City Code, 1976/83, art. 19, §§228, 229(b)(1st sen.) Ord. 99-548

At all times in the Market Center Urban Renewal Area, no person may use any publicly amplified sound not containing commercial speech without a permit to do so from the Commissioner. City Code, 1976/83, art. 19, §229(a)(1st sen.) Ord. 99-548

All loud and raucous sound is prohibited in the Market Center Urban Renewal Area. The receipt of a permit is not a defense to a charge of producing or causing any loud and raucous sound. City Code, 1976/83, art. 19, §229(e) Ord. 99-548

An application for a permit must be made in the form that the Commissioner requires. In addition to any other information that the Commissioner requires, the application must contain:the name of the applicant; the location of the property for which the permit is requested; the dates and hours for which the exemption is requested; the equipment that will be used to amplify sound; and a statement as to whether the sound will contain commercial speech. Ord. 99-548

The Commissioner must:review each application for a permit within 3 days of its submission; and on a reasonable showing that the amplifying equipment will not be used to produce loud and raucous sounds, promptly issue the permit to the applicant. Except as needed to verify the noncommercial nature of any proposed speech, the Commissioner may not inquire into the content of the speech sought to be amplified. The Commissioner may not charge a fee for the permit. Each permit:is valid for 60 days; and may be renewed an indefinite number of times. City Code, 1976/83, art. 19, §§ 229(a)(2nd sen.), (b)(2nd sen.), (c), (d), 230(a)(1st sen.) Ord. 99-548

Within 3 days after the Commissioner of Health denies any application for a permit, the Commissioner must:apply to the Circuit Court for Baltimore City for a review of the denial; and notify the applicant by first class mail of this action. If the Court does not render a decision within 10 days of the permit denial, the applicant may proceed as if a permit had been granted, subject to:the same restrictions and obligations that apply to permits issued under this subtitle; and immediate termination of all electronic amplification if the Court later affirms the Commissioner’s denial. If the Court affirms the Commissioner’s denial of the permit, the Commissioner must cooperate with any motion for expedited appeal made by the applicant. City Code, 1976/83, art. 19, §230(a)(2nd, 3rd sens.), (b), (c), (d) Ord. 99-548

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548 Ord. 03-595

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or to imprisonment for not more than 10 days or to both fine and imprisonment for each offense. City Code, 1976/83, art. 19, §231 Ord. 99-548