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1 A BILL
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3 25-749
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5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7 ______________
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9 To amend Chapter 28 Title 47 of the D.C. Official Code to create a licensure requirement for the
10 use of amplified sound devices in public spaces, to amend Section 2800 of Title 20 of the
11 District of Columbia Municipal Regulations to regulate amplified sound in the public
12 space and update the required specifications for sound-level meters to modern standards,
13 and to require the Mayor to propose agencies to enforce the District’s noise regulations.
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15 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
16 act may be cited as the “Amplified Sound Mitigation Regulation Amendment Act of 2024”.
17 Sec. 2. Chapter 28 Title 47 of the District of Columbia Official Code is amended as
18 follows:
19 (a) Subchapter IV is amended by adding a new Part H to read as follows:
20 “Part. H Amplified Sound Devices in Public Space.
21 § 47-2890.01. Definitions
22 “For the purposes of this part, the term:
23 “(1) “Amplified sound device” means an electronic musical instrument,
24 loudspeaker, sound amplifier, or other electronically amplified sound device.
25 Ҥ 47-2890.02. General Provisions.
26 “(a) It shall be unlawful for any person to operate an amplified sound device on public
27 space within the District without first obtaining a license from the Mayor.
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28 “(b) Amplified sound shall only be permitted between the hours of 7am and 10pm.
29 “(c) Amplified sound shall follow the noise level standards as designated in 20
30 DCMR 2800.
31 “§§ 47-2890.02. Amplified sound license and requirements.
32 “(a) The application for an amplified sound license shall be made on a form to be
33 prescribed by the Mayor.
34 “(b) The license categories shall be as follows:
35 “(1) Daily amplified sound license;
36 “(2) Extended-daily amplified sound license;
37 “(3) One-year amplified sound license, and
38 “(4) Renewal of amplified sound license.
39 “(c) A license issued under this section shall be posted in a conspicuous place on
40 or near the amplified sound device.
41 “(d) A license issued pursuant to this section shall not be subject to requirements outlined
42 in §§ 47-2861 - 47-2866, 47-2851.02, or § 47-2805.02.
43 “(e) A license issued pursuant to this section shall not be subject to additional fees or
44 penalties for lapsed, expired, and reinstated licenses.
45 “(f) The following shall be exempt from subsection (a) of this section:
46 “(1) Operation of an amplified sound device in public or private space by the
47 holder of a basic business license issued pursuant to Chapter 28 of Title 47 of the District of
48 Columbia Official Code, or an individual employed by such license holder, provided, that:
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49 “(A) The amplified sound device is operated in immediate proximity to
50 the licensed address of the business, within a distance to be established by the Mayor; and
51 “(B) Operation of the amplified sound device is otherwise compliant with
52 20 DCMR § 2800 (d)(1); and
53 “(2) Operation of an amplified sound device in association with a temporary
54 special event license, as defined in § 47-2851.03(b).”
55 Ҥ47-2890.03. Denial, suspension, or revocation of amplified sound license.
56 “(a) The Mayor may deny issuance or renewal of or suspend or revoke a
57 license issued pursuant to this part for any of the following reasons:
58 “(1) A finding by the Mayor that any provision of this part has been violated;
59 “(2) Furnishing false or misleading information to the Mayor; or
60 “(3) Failing to furnish information required by the Mayor.
61 Ҥ47-2890.03. Penalties
62 “(a) Prior to issuing a penalty violations of this chapter and applicable regulations, the
63 Mayor shall provide a verbal or written warning. A person who receives a first verbal warning
64 must be given reasonable time to abate the infraction, obtain a license, and/or test equipment to
65 ensure compliance with this part.
66 “(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for
67 any infraction of the provisions of this chapter, or any rules or regulations issued under the
68 authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this
69 chapter shall be pursuant to Chapter 18 of Title 2.”
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70 (b) Section 47–2862(d) of the District of Columbia Official Code is amended by striking
71 the period and inserting the phrase “or an applicant for an amplified sound license pursuant to
72 Chapter 28 of Title 47, Part H.” in its place.
73 (c) Section 47–2805.02 of the District of Columbia Official Code is amended as follows:
74 (1) Designate the existing text a subsection (a).
75 (2) Add a new subsection (b) to read as follows:
76 “(b) Subsection (a) of this section shall not apply to an applicant for an amplified sound
77 license pursuant to Chapter 28 of Title 47, Part H.”.
78 Sec. 3. Section 5(d)(1) of the District of Columbia Noise Control Act of 1977, effective
79 March 16, 1978 (D.C. Law 2-53; 20 DCMR § 2800), is amended to read as follows:
80 “(d)(1) Musical Instruments, Loud Speakers, Amplifiers, and Unamplified Voices.
81 “(A) Noise resulting from electronic musical instruments, loudspeakers,
82 sound amplifiers, or other electronically amplified sound, shall not exceed the maximum noise
83 levels contained in this paragraph.
84 “(B) It shall be unlawful for any person to make, operate, use, or play any
85 electronically amplified sound in a public space that, when measured by a sound-level meter 96
86 pursuant to 20 DCMR § 2901, exceeds the lesser of:
87 “(i) 55 decibels, measured inside of the nearest residential unit an
88 enforcement officer is given permission to enter;
89 “(ii) 65 decibels, measured inside the nearest commercial
90 establishment; or
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91 “(iii) 95 decibels, measured at the source of amplification.
92 “(C)(i) Any person who violates this section in the presence of an
93 enforcement officer shall identify himself or herself at the direction of the officer by giving his or
94 her legal name and current address. If the person refuses to provide his or her legal name and
95 current address, or if the enforcement officer has reason to believe that the person is providing an
96 incorrect name or address, the enforcement officer may request that the person provide
97 reasonable identification. Upon request of the enforcement officer, the person shall produce
98 reasonable identification.
99 “(ii) If a person refuses to produce reasonable identification
100 pursuant to subparagraph (A) of this paragraph, the enforcement officer may not make an arrest
101 but may detain the person for a period of time not longer than is reasonably necessary to identify
102 the person for purposes of issuing a notice of a civil infraction.
103 “(iii) For purposes of this subsection, the term:
104 “(I) “Detain” means to verbally order a person to remain at his or her
105 current location or a nearby location specified by the enforcement officer.
106 “(II) “Enforcement officer” means a person authorized to
107 enforce the provisions of this paragraph.
108 “(III) “Reasonable identification” means any form of
109 identification that includes a person’s legal name and current address.
110 “(D) Parades and public gatherings conducted pursuant to a permit issued
111 by the Metropolitan Police Department (as provided for in 24 DCMR, Chapter 7) are exempt
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112 from the noise disturbance limitation.
113 “(E) After issuing a warning for a violation, an enforcement officer may
114 impound for a period of 24 hours any device that generated the violation, pursuant to procedures
115 established by the Mayor.”.
116 Sec. 5. Title 20, Section 2901 of the District of Columbia Municipal Regulations (20
117 DCMR § 2901), is amended as follows:
118 (a) Subsection 2901.1 is amended by striking the phrase “Type II specifications per ANSI
119 S1.4-1971” and inserting the phrase “Class 2 specifications per IEC 61672 or Type 2
120 specifications per ANSI S1.4-2014”.
121 (b) Subsection 2901.3 is repealed.
122 Sec. 6. Enforcement responsibilities and coordination.
123 “(a) The Mayor shall determine by April 1, 2025 the agencies responsible for the types of
124 134 noise enforcement listed below and shall submit recommendations to the Council by
125 September 135 1, 2025:
126 “(1) Enforcement of construction noise control regulations, pursuant to Title 20,
127 Sections 2802 and 2803 of the District of Columbia Municipal Regulations (20 DCMR § 2802,
128 2803), and all structural soundproofing regulations and related building code requirements;
129 “(2) Enforcement of amplified sound permits;
130 “(3) Enforcement of noise control regulations in public spaces;
131 “(4) Enforcement of noise control regulations originating from private properties
132 or other establishments.
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133 “(b) The Mayor shall ensure that each agency responsible for enforcement of noise
134 control regulations is equipped with a sufficient number of devices compliant with the
135 requirements of section 2901 of Title 20 of the District of Columbia Municipal Regulations (20
136 DCMR § 2901).
137 “(c) The Mayor shall ensure that each agency responsible for enforcement of noise
138 control regulations is able to engage in direct radio communication with enforcement officers
139 from other agencies.”
140 Sec. 7. Fiscal impact statement.
141 The Council adopts the fiscal impact statement in the committee report as the fiscal
142 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
143 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
144 Sec. 8. Effective date.
145 This act shall take effect after approval by the Mayor (or in the event of veto by the
146 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
147 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
148 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
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