Need your input on adding a clause for an outdoor event........

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DJ Freddy

DJ Freddy

Ableton Remixer!
Dec 8, 2006
1,981
485
Miami
www.danceallnightdjs.com
My good friend this last Saturday was playing at an event where the cops cited the owner of the house a $250.00 fine for playing loud music at an outdoors event. The owner was very upset about getting the citation as I would be which had me thinking about adding a clause to my contract about this. Do any of you have this added to your contract and can you share it with me so I can add it to mine? PM me if you don't want to make it public. This just had me thinking about it and I don't want that to happen to any of my client's. Any help will be appreciated.
Thanks.
 
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PM Cap, he's THE GUY ;)
 
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If I were you I would consult with my attorney who is familiar with the laws in my state and city where I reside. If you want to do the work yourself then go down to your City Hall and read the Ordinances concerning Loud Music/Noise. You can put whatever you want in a Contract but if it is improperly written, if proper permits were not secured, then the Cops can give whoever they want a fine. Its up to you then to contest it in Court. You don't live in my City and I don't live in yours, so I cannot give you answer as to what is is the Rule of Law in your City. Unless someone here is a Lawyer and resides in your city, I would take that answer with a grain of salt. You are asking a legal question that requires a Legal Answer to put into a Legal document.
 
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Interesting, Nephew...I had not thought much about it until just now when I read your post.

Hope others will chime in with some kind of iron clad clause. I'm wondering if the police could have ticketed you (the source of the loud music)? If one looks at it logically, they don't ticket the dog who is barking...so why would they ticket the DJ? Did you happen to play "Who Let the Dogs Out" or "The Werewolves of London" by any chance? LOL :bananen_smilies031:
 
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As Canute said, most localities have noise ordinances and usually time periods and days of the week at which a specific decibel level can't be exceeded.

You can add language that you will not exceed the levels given by local law, but you will then be on the hook for knowing that amount, measuring it and of course, not exceeding it. You could also stipulate the owner, client, or whoever is responsible for informing you, but you will still need to measure (I have a sound level meter by Galaxy and there are apps available for iPhones and Android). Here is a link that links to several ordinances in major cites ( http://www.kineticsnoise.com/industrial/noise_ordinance.html ).
 
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I have an event coming up on Fathers day weekend and it's going to be in a park. It's my best friends big family and friends cookout he has every year. It got to be too big to have it in his backyard. So finally he started to have it at South Mountain Reservation. What will be needed is the right permit so that we can play at the park with our music. We found this out last year when his wife got sited for not having the right permit. I'll make sure myself this time we have the right permit.
 
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Repeat reply to your identical post on another forum:

DJ Freddy : I'm not sure if this is what you're after. No contract can supersede the law, or better put, one cannot contract something that violates the law.

[FONT=&amp] X. The CUSTOMER and/or CUSTOMER’s agents agrees to comply with, provide, or pay for all necessary authorizations, facility or management gratuities, licenses, union labor fees, drayage, parking permits or daily storage fees, fines, and other fees or charges as may be required or mandated by the facility, union, local, state, and/or federal regulations, codes, or laws as required to lawfully fulfill the terms of this contract. [/FONT]
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MIXMASTERMACHOM said:
I have an event coming up on Fathers day weekend and it's going to be in a park. It's my best friends big family and friends cookout he has every year. It got to be too big to have it in his backyard. So finally he started to have it at South Mountain Reservation. What will be needed is the right permit so that we can play at the park with our music. We found this out last year when his wife got sited for not having the right permit. I'll make sure myself this time we have the right permit.
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Mix - The permit gives you the right to play there, but may not release you from the requirements of the noise ordinances unless specified.
 
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steve149 said:
Mix - The permit gives you the right to play there, but may not release you from the requirements of the noise ordinances unless specified.
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There are different permits that cover all of that. The one she had last year just allowed her to have the event in the park. It said nothing about having amplified music. I'll check it all out and make sure that this year she will have the right permit.
 
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MIXMASTERMACHOM said:
There are different permits that cover all of that. The one she had last year just allowed her to have the event in the park. It said nothing about having amplified music. I'll check it all out and make sure that this year she will have the right permit.
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Again, permits allow you to play - they do NOT cover noise ordinances.
 
Thanks guy's for your reply. Five times more reply's here then there. ;-) True I will need to see if someone in my area has this clause already in their contract since all states may be different. Thanks to everyone for all your replies. I will post what I finalize.

I also did not think about this Uncle Art until this weekend when my good friend ran into this problem. This got me thinking that it can also happen to me at one time even though I bring down the volume at 11-11:30 most of the time. We also have to be told that the police has arrived and asked to lower the music. Sometimes the cops do not go to where I am stationed they just arrive at the door. How about if they arrive but the message does not get relayed to the DJ?
 
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I'd make sure that some type of phrase be added to the "sound ordinance" paragraph of your contract that DJ must be notified immediately by client or client's representative when "complaint" has been delivered, or something like that.
 
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Fortunately, most of the outdoor events I have played for didn't have the problem.
They simply INVITED all the neighbors, or at least knew which ones would call the cops.
In my area, it's not so much a matter of exceeding the decibel level...
it's a matter of being loud AFTER a certain time on a certain day.

But the thought of putting it in a contract is a solid idea.
 
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I have language that addresses that as part of a larger permitting and licensing issue. By and large this is not your problem since you are hired to play music not provide legal counsel to event planners and hosts. The person responsible for the event or the premises upon which it is held (in this case the home owner) is ultimately responsible for any local or state ordinances that govern the conduct of events.

- - - Updated - - -

ittigger said:
Again, permits allow you to play - they do NOT cover noise ordinances.
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Not true. The terms of a local permit will normally supersede the residential noise ordinance within the time specified on the permit. However, it is not unusual in certain specified areas for the permits to be issued subject to conditions that meet the terms of the noise or other ordinance - so, you have to READ the permit you are actually being issued and check what restrictions can not be lifted, or are further imposed.
 
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Proformance said:
Not true. The terms of a local permit will normally supersede the residential noise ordinance within the time specified on the permit. However, it is not unusual in certain specified areas for the permits to be issued subject to conditions that meet the terms of the noise or other ordinance - so, you have to READ the permit you are actually being issued and check what restrictions can not be lifted, or are further imposed.
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I agree - but I'm trying to ensure that he understands that there IS a difference between a permit to use the park and a permit for 'noise'.


Also:
Proformance said:
Not true. The terms of a local permit may supersede the residential noise ordinance within the time specified on the permit. However, it is not unusual in certain specified areas for the permits to be issued subject to conditions that meet the terms of the noise or other ordinance - so, you have to READ the permit you are actually being issued and check what restrictions can not be lifted, or are further imposed.
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Corrected that fer ya.
 
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ittigger said:
I agree - but I'm trying to ensure that he understands that there IS a difference between a permit to use the park and a permit for 'noise'.
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It's a mute point. The DJ is not going to be the one responsible for that, and at worst will be told to stop playing. This constitutes a breech on the client's part because the the DJ is present, willing, and able to play - yet, restricted by an action (or lack thereof) by the client. DJs should always be contracting for the availability of their service - not the actual completion of it.

When a permit is issued the restrictions are always disclosed to the applicant. The problems arise when people don't investigate if they need a permit, fail to get one and then walk a foul of the local codes.
 
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