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HomeMy WebLinkAbout84-29 Amending Code Relating to Residential Noise ControlORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL NOISE CONTROL. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares that: It is necessary for the peace, tranquility, and general welfare of our residents to have an effective noise control ordinance at all times; and Due to a recent court ruling, the City is unable to apply the County noise ordinance against activities taking place on the County Fairgrounds which constitute a very serious source of potentially offensive noise, in- cluding several public concerts scheduled each week; and Due to its age and some technical shortcomings, the City's noise ord- inance is of only limited effectiveness and, therefore, needs to be amended to upgrade its provisions in order to serve as a deterrent and effective en- forcement tool; and These modifications to the noise ordinance must take effect immediately in order to be applicable to scheduled public concerts to be held in the next few days and hopefully serve as a deterrent to any unlawful noise or to be applied against any violations. Accordingly, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: .qF.C"PTnM 7 _ Chapter IX of Title 13, entitled Residential Noise Control is hereby amended as shown on the attached exhibit A. The references to the Orange County Code are to Title 4, Division 6, entitled Noise Control, which is attached hereto as Exhibit B. SECTION 3. This Ordinance shall take effect and be in full force immediately from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage, shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of ATTEST: Deputy C'ty Clerk of the City of Costa Mdda STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FO CITY ATTORNEY I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. was introduced and considered section b section at a regular meeting of said City Council held on the of , 1984, and thereafter passed and adopted as a whol ata regular eeting of said City Council held on the at4- day of 1984, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson IN WITNESS WHEREOF, I have hereupto set my h d and affixed the Seal of the City of Costa Mesa this day of 1984. ^''C' y Clerk and ex -officio Clerk of e `i ' ty Couno—U of- -the.. City of _ Costa sa By: -- = Deputy C' y Clerk EXHIBIT A Amendments To Title 13, Chapter IX 1. Section 13-711 and 13-712. Remain the same. 2. Section 13-713. Definitions. Adopt provisions in Orange County Code Section 4-6-2. 3. Section 13-714. Noise level measurement criteria. Change to read: "Any noise level measurements made pursuant to this chapter shall be performed using a sound level meter as defined in Section 13-713." 4. Section 13-715. Designated noise zones. Change to read: "The entire territory of the City is hereby designated as Noise Zone l." 5. Section 13-716. Exterior Noise Standards. Adopt provisions of Orange County Code Section 4-6-5, but change the first paragraph in subsection (b) to read: "(b) It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, either within or outside the City, to exceed: (then continue with rest of 4-6-5) And change the time periods to: 7:00 A.M. to 11:00 P.M. and 11:00 P.M. to 7:00 A.M. 6. Section 13-717. Interior noise standards. Adopt provisions of Orange County Code Section 4-6-6, but in subsection (b) change "unincorporated area of the county" to "city" and "incorporated or unincorporated" to "within or outside the city", and change the time periods to 7:00 A.M. to 11:00 P.M. and 11:00 P.M. to 7:00 A.M. 7. Section 13-718. Noise near schools, hospitals, churches. Renumber as old Costa Mesa Municipal Code Section 13-733, and change reference to Section 13-727 to Section 13-716. 8. Section 13-719. Noise level measurement. Adopt provisions of Orange County Code Section 4-6-10. 9. Section 13-720. Variance procedure. Change to read: "(a) The owner or operator of a noise source which violates any provision of this chapter may file an application with the Director of Development Services for a variance from the provisions of this chapter. The applica- tion shall set forth all actions taken to comply with this chapter, the reasons immediate compliance cannot be achieved, a proposed method and time schedule for achieving compliance and any other information requested on an application form prepared by the Director. The applicant shall pay a fee of $100.00 for processing." "(b) An'applicant shall remain subject to prosecution under the terms of this chapter until a variance is granted." "(c) The Director shall evaluate all applications and deny or grant the variance with respect to time for compliance, subject to any conditions the Director deems reasonable to achieve maximum compliance with this chapter. Each variance shall set forth the approved method and time schedule for achieving compliance. In the evaluation, the Director shall consider the magnitude of the noise nuisance; the uses of property affected by the noise; the time factors related to study, design financing and construction of remedial work; the economic factors related to age and useful life of equip- ment; and the general public interest and welfare." 10. Section 13-721. Violations. Change to read: "(a) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding One Thousand Dollars ($1000.00) and/or be im- prisoned in the county jail for a period not exceeding six (6) months. Each violation may instead be charged as an infraction." "(b) Each time an offensive noise exceeds any one of the five categories combining noise level and cumulative period set forth in Section 13-716, or the three categories in Section 13-717, shall constitute a separate offense and be punishable as such, provided that any one minute of noise cannot be used in more than one cumulative period. 11. Section 13-722. Additional remedies; abatement. Renumber as old Costa Mesa Municipal Code Section 13-736. 12. Section 13-723. Enforcement officer designated. Renumber as old Costa Mesa Municipal Code Section 13-737. 13. Sections 13-724 to 13-739. These sections are repealed and reserved for future use. I SIT B Division 6 NOISE CONTROL Article .1. General Provisions, H 4-6-1-4-6-16 ARTICLE 1. GENERAL PROVISIONS* Seca 4-6-1. Declaration of policy. in order to control unnecessary; excessive and annoying sounds emanating from unin- corporated areas of the County, it is hereby declared .to be the policy of the County Ito pro- bibit such sounds generated from all sources as specified "in this article. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest. (Ord. No. 2700, § 1, 9-19-73) Sec. 4-6-2: Definitions. The following words, phrases and terms as used in this article shall, have the meaning as indicated below: Ambient noise level shall mean the all- encompassing noise level associated with a given environment, being - .1L composite of sounds from all sources, excluding the alleged offen- sive noise, at the location and approximate time at which a comparison with the. alleged offen- sive noise is to be made. Cumulative period shall mean an additive period of time composed of individual time seg= ments which may be continuous or interrupted. Decibel (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts' of power is ten (10) times the loge, the baseten (10) of this -ratio.. Dwelling unit shall mean a single unit pro- viding complete, independent living facilities acianent for one or more persons including pe provisions for living, sleeping, eating, cook- ing and sanitation. Emergency machinery, vehicle or work shall mean any machinery, vehicle or work used, em *Editor's note—Ord. No. 2700, 4.1, adopted Sept. 19 1973, amended this Code by adding Div. 6, Art. 1. 4-6-1-6-16 to read as herein set out. Supp. No. 7 ployed or performed in an effort to protect, provide or restore safe conditions in the om. munity or. for the citizenry, or work by private or public utilities when restoring 'utility service. Fixed noise source shall mean a stationary .device which creates sounds while fixed or motionless, including but not limited- to indus- trial and commercial machinery and equipment, pumps, fans, compressors, generators, air con- ditioners and refrigeration equipment. (',wading shall mean any excavating or fill- ing of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements there- . on. Impact noise shall mean the -noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. Mobile noise source shall mean any noise source other than a fixed noise source. Noise level shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronew- tons per square meter. The unit of measurement shall be- designated as dB (A) Person shall mean a person, firm, associa- tion, copartnership, joint venture, corporation or any entity, public or private in nature. Residential. property shall ;mean a parcel of real property which is developed and used either in part or in whole for residential pur- poses, other than transient uses such as hotels and motels. Simple tone now shall mean a noise charac- terized by a predominant frequency or frequen- cies so that other frequencies cannot be readily distinguished. Sound level meter shall In an instrument meeting American National Standard Insti-. tote's Standard a is-or7a f instrument anor Type 1 or d lie 2 sound leve 1441 §'4-6-2 ORANGE COUNTY CODE. § 4-6-6 associated recording and analyzing equipment which will provide equivalent data. Sound pressure level of a sound, in decibels, shall mean twenty- (20) times the logarithm to the base ten (10) of the ratio of the pres- sure of the -sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord. No. 2700, § 1, 9-19-73; Ord. No. 2870, § 1, 10-1-75). Sec. 4-6-3. Noise level measurement criteria. Any noise level .measurements made pursuant to the provisions of this article shall be per- formed using a sound level meter as defined in section 4-6-2. (Ord. No. 2700, § 1, 9-19-73) Sec. 4-6-4. Designated noise zone. The entire territory of Orange County, in- cluding incorporated and unincorporated terri- tory, is hereby designated as "Noise Zone V' (Ord. No. 2700, § 1, 9-19-73; Ord. No. 2870, § 1, -10-1-75) Sec. 4-6-5. Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 a.m.- 10:00 P.M. 50 dB(A) 10:00 p.m. - 7:00 a.m. In the event the alleged offensive noise con- sists entirely of impact noise, simple tone noise, speech, music, or -any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the unincorporate_ d area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other resi- dential property, either incorporated or unin- corporated, to exceed: (1) The noise standard for a cumulative pe- riod of more than thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dB(A) for a cumulative period of more': than fif- teen (15) minutes in any hour; or (3) The noise standard plus ten (10) dB(A) for a cumulative period of more than five .(5) minutes in any hour; or (4)- The noise. standard. plus fifteen (15) dB(A) for a_ cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dB(A) for any period of time. (c) In the event the ambient noise level ex- ceeds .any of the first four (4) noise limit categories above, the cumulative period ap- plicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum -allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No. 2700, § 1, 9-19-73; Ord. No. 2715, § 1, 11-1343; Ord. No. 2870, .§ 1, 10-1-75) Sec., 4-6-6. Interior noise standards. (a) The following interior noise standards, unless otherwise specifically indicated, shall ap- ply to all residential property within a desig- nated noise zone: INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 71:00 a.m.- 10':00 P.M. 45 dB(A) 10:00 p.m. - 7.00 a.m. In the event the alleged offensive noise con- sists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased; occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within ,any other dwelling unit on any residential property, eith- er incorporated or unincorporated, to exceed: (1) The interior noise standard fora cumula- tive period of more than five (5) minutes in any hour; or Supp. No. 7 1442 § 4-6-6 NOISE CONTROL (2). The interior noise standard plus'five (5) Ob(A) for a cumulative period of more than one (1) minute in any hour; or (3) The interior noise standard -plus ten (10) db (A) for any period of time. (c) In the event the ambient noise level ex- ceeds either of the first two (2) noise limit, categories above, the cumulative period -appli- cable to said, category , shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No. 2700, § 1, 9-19-73; Ord. No. 2715, § .1, 11-13- 73; Ord. No. 2870, § 1, 10-1-75) Sec. 4-6-7. Special provisions. The following activities shall be exempted from the provisions of this article: (a) Activities conducted on the grounds of any public or private nursery, elementary.,-inter- mediate lementary; inter- mediate or secondary school or college. r - - (b)publicdances and Outdenr ¢atherings, , o -shows, provided said events are conducted pursuant to a license issued by the.County of Orange pursuant to Title 5 of the Codi- fied Ordinances of the County of Orange. (c) , Activities conducted on any . park or play- ground, provided such park or .playground is owned and operated by a public entity. (d) Any mechanical device, apparatus or equip- ment used, related to or connected with emergency machinery, vehicle or work. (e) Noise sources associated with construction, repair, remodeling, or grading of , any real property, provided said activities do not take place between the. hours of 8:00 P.M. and 7:00 a.m. on weekdays, including Sat- urday, . or at any time on Sunday or a Federal holiday. (f), All mechanical devices, apparatus or equip- ment which are utilized for the protec- tion or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. (g) Mobile noise sources associated with agri- cultural operations, provided such opera - Supp. No. 18 a § 4-6-8.1 tions do not take place between the hours of 8:00 p.m. and 7:00.-a.m. on weekdays, including Saturday, or at any time on Sun- day or a Federal holiday. (h) Mobile noise sources associated with agri- cultural pest control .throughpesticide ap- plication, provided: that the application is made in accordance with restricted mate- rial permits issued by or regulations en- forced by the Agricultural Commissioner. i) Noise' sources associated with ,the mainte- nance of real property, provided said ac- tivities take place between 7:00 a.m. and 8:00 p.m. on any day except, Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday. (j) Any activity to the extent regulation there- of has been preempted by State .or Fed- eral law. (Ord. No. .2700, § 1, 9-19-73; Ord. No. 2715, § 1, 11-13-73; Ord. No. 2870, § 1, 10-1-75) Sec. 4-6-8. Schools, hospitals and churches; ape- cial provisions. It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as' specified in section 4-6-5 prescribed for the assigned noisel zone in which the school, hospitaor church is. located, or which noise level -unreasonably inter- feres with the use of such institutions or which unreasonably disturbs or annoys patients in the .hospital, provided conspicuous signs are dis- played in three (3) separate locations within one-tenth of a mile of the institution indicating the presence of a school,' church or hospital. (Ord. No. 2700, § 1, 9-19-73) ( Sec. 4-6-8.1. Motor vehicle racing. It shall be unlawful to conduct motor vehicle racing, testing, timing or similar ;noise -produc- ing activities at. raceways, speedways, off-road vehicle courses, drag strips or other similar places; including, but not limited to, the opera- tion of midget race cars, drag cars, motorcycles, off-road vehicles, and specialty automobiles, be- tween the hours of 11:30 P.M. and 8:00 a.m. (Ord. No. 3093, § 1, 10-24--78) 1443 • § '44-9 - ORANGE COUNTY CODE. Sec. 46-9. Air conditioning and refrigeration; special provisions. During the five-year period following the effective date of this article, the noise stand- ards enumerated in sections 4-6-5 and 4-6-6 shall be increased eight' (8) db (A}.,where the alleged offensive noise source is an air condi- tioning or refrigeration system or associated equipment which was installed prior to the ef- fective date of this article. (Ord. No. 27009 § 1, 9-19-73; Ord. No. 2715, § 1, 11-13-73) Sec. 4-6-10. Noise level measurement. The location selected for measuring exterior noise levels shall be at any point on the af- fected .property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the' win- dows of .the affected, unit open. (Ord. No. 2700, § 1, 9-19-73; Ord. No. 2870, § 1, 10-1-75) Sec. 4-6-11. Manner of enforcement. The Orange County Sheriff, the County Health Officer and their duly authorized rep- resentatives are directed to enforce -the provi- sions of this article..The Orange County Sheriff, the County Health. Officer and their duly au- thorized representatives are authorized, pursu- ant to Penal Code section 836.5, to arrest any person- without a warrant when they have rea- sonable cause to believe that such person . has committed a misdemeanor in their presence. No person shall interfere with, oppose or re- sist any authorized person charged with the enforcement of this article while such person is engaged in the performance of his duty. (Ord. No. 2700, § 1, 9-19-78; Ord. No. 2715, § 1, 11-13-73) Sm, 4-6-12. Variance procedure. The owner or operator of a noise source which violates any of the provisions of this article may file an application with the Health Offi- cer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons.. why immediate compliance cannot Supp. No. 18 ' § 4-6-13 be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be ac- companied by a fee in. the amount of seventy= five dollars ($75.00). A separate application shall be filed for each noise source; provided, however, that several mobile sources under common_ ownership, or several fixed sources on a single property may be combined into one (1) application. Upon receipt of said application and fee, the Health Officer shall refer it ,with his recommendation thereon within thirty (30) days to the Noise Variance Board for action thereon in accordance with the provisions of this article. An applicant for a variance shall remain =sub- ject to prosecution under the terms of this article until a variance is granted. (Ord. No. 2700, § 1, 9-19-73; Ord. No. 2715, § 1, 11-13-73) Sec. 4-6.13. Noise Variance Board. There is hereby created a Noise Variance Board consisting of five (5) members. Two (2) .of the members shall be professional en- gineers, one (1) .of whom shall have demon- strated knowledge and experience in the field of acoustics, and one (1) of whom shall be a registered mechanical engineer. One (1) mem- ber shall be a physician licensed in this State, qualified in the 'field of physiological effects of noise. One (1) member shall be a, represen- tative of business and industry. One, (1) mem- ber. shall be a representative. of the general public. -The Noise Variance Board shall evaluate all applications for variance from the require- ments of this article and may grant said var- iances with respect to time for compliance, subject to such terms, conditions and require- ments as it may deem reasonable to achieve maximum compliance with the provisions of this article. Said terms, conditions, and require- ments may include but shall not -be limited to limitationson noise levels and, operating hours. Each such variance shall set forth in detail the approved rriethod of achieving maxi- mum compliance and a time schedule for its accomplishment. In its determinations said Board shall consider the magnitude of nuisance caused by the offensive noise; the uses of prop- erty within the area of impingement by the 1444 NOISE CONTROL noise; the time factors related to study, de- sign, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general pub- lic interest and welfare. Any variance granted by said Board shall be by resolution and shall be transmitted to the Health Officer for en- forcement. Any violation of the terms of said variance shall be unlawful. Members of the Variance Board shall be ap- pointed by, and shall serve at the pleasure of, the Board of Supervisors. Said Board- shall adopt reasonable rules .and regulations for its own procedures in carrying out its functions under the provisions of this article. .Three (3) members shall constitute a quorum and at least three (3) affirmative votes shall be required in support of any action. The Health Officer, or his appointed repre- sentative,' shall be a nonvoting ex 'officio mem- ber of the. Variance Board, and shall . act as Secretary of the Board. Meetings of the Noise Variance Board shall be held at the call of the Secretary and at such times and locations as said Board shall de- termine. All such meetings shall be open to the public. .Traveling and other expenses incurred by each Board member in the . performance of his official duties shall be reimbursed at a rate de- termined by resolution of the Board .of Super- visbrs. (Ord. No. 2700, § 1, 0-19-73; Ord. No. 2715, § 1, 11-13-73; Ord. No. 2870, § 1, 10-1- 75) Sec. 4-6.14. Appeals. Within fifteen (15). days following the deci- sion of the Variance Board on an application the applicant, the Health Officer, or any mem- ber of the Board of Supervisors, may appeal the decision to the Board of Supervisors by filing a notice of appeal with the Secretary of the Variance Board. In the case of an appeal by the applicant for a variance the notice of appeal shall be accompanied by a fee to be com- puted by the Secretary on the basis of the esti- mated cost of preparing the materials required to be forwarded to the Board of Supervisors as discussed hereafter. If the actual cost of such preparation differs from the , estimated cost Supp. No. 1S 14-6-16 appropriate payments ' shall be made. either to or by the secretary. Within fifteen (15) days following receipt of a notice of appeal and the appeal fee the Sec- retary of -the- Variance Board shall forward to the Board of Supervisors copies of the applica- tion for variance; the recommendation of the Heath Officer; the notice of appeal; all evi- dence concerning said application received by the Variance - Board and -its decision thereon. In addition any person may file with the Board of Supervisors written. arguments supporting or attacking said decision and the Board may in its discretion hear oral arguments thereon. The Clerk of the Board shall mail to the appli- cant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (10) days prior to the hearing date. Within sixty (60) days following its receipt. of the notice of appeal the Board of Supervisors Shall either affirm, modify or reverse the de- cision of the Variance Board. Such decision shall be based ,upon the Board's evaluation of the matters submitted to the Board in light of the powers conferred on the Variance Board and the factors to be considered, both as enumer- ated in sections 4-6-12 and 4-6-13." As part of its decision the Board may direct the Variance Board to conduct further proceed- ings on said application. Failure of the Board of Supervisors to affirm, modify or reverse the decision of the Variance Board within said sixty-day period shall constitute an affirmance,'. of the decision. (Ord. No. 2715, § 1, 11-13-73) Sec. 4-6-15. Violations; misdemeanors. Any person violating any of the provisions of this article shall be deemed guilty of a mis- demeanor. Each day such violation is committed or permitted to continue shall constitute a sep- arate offense and shall be punishable as such. The provisions of this article shall not be con- strued as permitting conduct not prescribed herein and shall not. affect the enforceability of any other applicable provisions of law. (Ord. No. 2700, § . 1, 9-19-73; Ord. No. 2715, § 1, 11-13-73) Sec. 4-6-16. Delay in implementation. None of the provisions of this article shall apply to a fixed noise source during the period 1445 ORANGE COUNTY CODE Q 4-6-16 ! §.4-6-1G commencing October 19, 1973, and terminating thereafter. Ord. No. 2700, ninety (90) days . § 1, 9-19-73; Ord. No. 2715, § 2, 11-13-73) .. i [The nest page is 14661 Supp, Na 18 1446 COUNTY OF ORANGE CODE•, ` §5-1-16 Definition of Outdoor Gatherings. Outdoor gathering means any music festival, dance - festival, public dance, show'or similar gathering, at which music'or entertainment -is provided by professional or --amateur performers, or by pre- recorded means, -which is held at -any place other than in a public building.or permanent installation, which permanent installation has been constructed -for the purpose of, or so constructed that it can be used for the conducting of such activities,'as determined by the Director.of Building and Safety, to which members of the public are invited or admitted for a charge or free of charge and which is attended by more than two thousand five hundred (2,500) persons. Parades otherwise licensed by proper governmental authority are not included' within this definition. 55-1=17 Definition of Public Dance. Public Dance means a gathering of persons in or upon any premises.where dancing is participated in, either as the main purpose of such gathering or as an incidental to some other purpose, and to which, premises the public is admitted, either with or without charge, and to which not more than two' thousand five hundred (2,500) persons shall be admitted. §5-1-20 Definition of Show. Show means a carnival, tent show or show in the open air, or in a hall or building not specifically constructed for -.theatrical purposes, wherein carni- vals, circuses, dog or poney shows, dramatic, musical -or theatrical performances are given to audiences not exceeding two thousand five hundred (2,500) persons.