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<baltimore-city-law heading="Part I – Definitions; General Provisions">
  <section prefix="§" num="9-401" heading="Definitions.">
    <para num="(a)" heading="In general.">In this subtitle, the following terms have the meanings indicated.</para>
    <para num="(b)" heading="Commercial speech.">“Commercial speech” means speech or sound intended to promote any business or other activity carried on for profit.</para>
    <para num="(c)" heading="Market Center Urban Renewal Area.">“Market Center Urban Renewal Area” means the urban renewal area established by the Market Center Urban Renewal Plan.</para>
    <para num="(d)" heading="Publicly amplified sound.">“Publicly amplified sound” means any radio, phonograph, tape- or compact disc-player, loudspeaker, or other device that:<para num="(1)">electronically produces, reproduces, or amplifies the human voice or other sound; and</para>
      <para num="(2)">is located:<para num="(i)">on public property; or</para>
        <para num="(ii)">on private property, but either:<para num="(A)">in an unenclosed area; or</para>
          <para num="(B)">if in an enclosed area, within 9 feet of the nearest outside edge of the enclosed area.</para>
        </para>
      </para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §225 (parts)</annotation>
    <annotation type="History">Ord. 99-548</annotation>
  </section>
  <section prefix="§" num="9-402" heading="Declaration of findings and intent.">
    <para num="(a)" heading="Importance of Market Center.">
      <para num="(1)">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.</para>
      <para num="(2)">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.</para>
    </para>
    <para num="(b)" heading="Amplified sounds as hindrance.">
      <para num="(1)">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.</para>
      <para num="(2)">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.</para>
      <para num="(3)">Specifically, the Mayor and City Council finds that publicly amplified sound:<para num="(i)">can be injurious to the health of those exposed to it;</para>
        <para num="(ii)">when coming from or near a first floor business, impairs the use of offices above that business;</para>
        <para num="(iii)">deters people from coming to the Market Center to shop, work, and exchange ideas;</para>
        <para num="(iv)">hinders efforts to attract new businesses to the Market Center;</para>
        <para num="(v)">can be hazardous to pedestrians and motorists in the Market Center; and</para>
        <para num="(vi)">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.</para>
      </para>
    </para>
    <para num="(c)" heading="Intent.">Through the enactment of this subtitle, the Mayor and City Council intends:<para num="(1)">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</para>
      <para num="(2)">to control the negative effects of publicly amplified sounds while allowing reasonable use of electronic amplification equipment.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §224</annotation>
    <annotation type="History">Ord. 99-548</annotation>
  </section>
  <section prefix="§" num="9-403" heading="Scope of subtitle.">
    <para num="(a)" heading="In general.">With respect to publicly amplified sounds in the Market Center Urban Renewal Area, this subtitle supersedes all other noise regulations of the City Code.</para>
    <para num="(b)" heading="Public service companies excepted.">This subtitle does not apply work performed by a public service company, as defined in State Code &lt;cite data-path="|78"&gt;Article 78&lt;/cite&gt;.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §§226, 227</annotation>
    <annotation type="History">Ord. 99-548</annotation>
  </section>
  <section prefix="§§" num="9-404 to 9-405" reserved="true" />
</baltimore-city-law>
