Q: Are noise levels that exceed 90dB for 8 hours/day permissible because it is a considered a "special event"?
A stadium (70% public, 30% private ownership) has been hosting electronic music concerts that use amplified sound. These concerts can last for up 10hrs/day for 2 days at a time. Adjacent to the stadium, there are several residential high rise developments that house ~900 people within 400 feet of the stadium property line. For one of the more recent concert events, numerous residents (>10) reported harmful (per NIOSH guidelines) sound levels that exceeded 90dB (1-hr average) for the duration of the event. These measurements were taken inside their property using decibel meter apps. Several complaints were filed with the local police who directed them to the director of special events for the stadium. These complaints were ignored and the response was that the event was in compliance with local ordinances.
A: Those are very high levels, and it is unlikely they actually comply with a rational noise ordinance. Even if these levels are compliant with the local ordinance, that would likely not be a definitive bar to a nuisance action. A successful nuisance suit could result in an award of damages and an injunction against future specific actions. Given the significance of the problem, it would probably be in your best interest to have a full consultation with a competent attorney.
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