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Is it illegal to perform loud music in bars/restaurants adjoining residential areas after 10 at night?

F.T. Norton
StarNews

Q. Is it illegal to perform loud music in bars/restaurants adjoining residential areas after 10 at night? What is the law regarding nuisance noise?

A. According to City of Wilmington Municipal Code, Sec. 6-29.1, no commercial establishment shall play, operate, or cause to be played or operated, any amplified or nonamplified musical instrument or sound reproduction device in a manner that causes a noise disturbance on any neighboring premises or public area. A noise disturbance shall be presumed to exist where the sound or noise caused by any activity described herein is plainly audible within any occupied structure not the source of the sound or noise or within any public area more than 66 feet from the property line of the commercial establishment during the days and times set forth below:

(1) For structures located in residential zoning districts, this presumption shall be effective at all hours.

(2) For structures and public areas located in nonresidential zoning districts, this presumption shall be effective from 11:00 p.m. until 7:00 a.m. (except that the beginning time for the presumption shall be 1:00 a.m. on Saturday and Sunday).

RELATED LINKS:

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Are there any laws regarding extremely loud tailpipes on cars and loud music in cars?

User-contributed question by:
mik dutt

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