Eivissa (ciudad)
Ordenanza municipal de protección del medio ambiente y la salud frente a la contaminación acústica
Ordenanza de 2005 — vigente, no adaptada a la Ley 1/2007 ↗The ordinance of Eivissa already provides, since 2005, for automatic telemetry monitoring of the limiter at the expense of the venue holder (art. 56.4), and the immediate sealing of the musical activity if the control equipment is not functional (art. 57.4). It is not a future threat: it is a power that the Ayuntamiento can activate whenever it decides. Furthermore, a new ordinance is currently being drafted.
What triggers the obligation here
TYPE B establishments with sound equipment (art. 57.1): required to operate emission self-monitoring systems using limiting-controlling equipment. These are premises whose activity license DOES NOT in itself authorize the operation of sound equipment, which must be expressly authorized by the Town Hall.
What you need to know
- Art. 57.1 — type B premises with sound equipment are OBLIGATED to install controlling limiters. The conditions are in Anexo III of the ordinance.
- Art. 57.3 — the City Council may inspect the limiter and extract its stored data AT ANY TIME.
- Art. 57.4 — if the control devices are not in perfect operating condition, IMMEDIATE SEALING of the musical activity shall proceed.
- Art. 56.4 — the City Council may implement automatic surveillance through telematic transmission of limiter data, and the cost of said transmission shall be borne by the owner of the premises.
- Falsifying or failing to perform sound level monitoring is a serious infraction, subject to ex officio sanctioning proceedings.
- Unauthorized tampering with installed limiters is expressly classified as an offense.
- The ordinance is from 2005 and is not adapted: it only applies in so far as it does not contradict Ley 1/2007 and RD 1367/2007. A new ordinance is currently being drafted.
Adaptation period
We do not publish a deadline that we have not substantiated in the legal text.
Communicating an incorrect deadline in sanctioning matters is not a typo: it is a liability. We are cross-checking the full text of this ordinance.
If you need to know your specific situation today, request the audit and we'll put it in writing.
What the limiter must comply with
- Function as a frequency limiter in 1/3 octave and as a sound recorder.
- Allow programming of the limit values for sound impact and provide a display to view them.
- External calibrated microphone with the equipment, capable of detecting manipulations and verifiable with a calibration system.
- Save history with the date and time of the last programming.
- Store on a stable medium, for a minimum of one month, the sound levels and manipulations, with a programmable periodicity between 5 and 15 minutes.
- Store in internal memory the manipulations of the musical equipment and of the limiter itself.
- Detect other sound sources operating in parallel.
- Have a locking system for connections and microphone.
- Prevent playback if the limiter is disconnected from the electrical network or from the sensor.
- Allow municipal services access to the record storage.
- Allow telematic transmission of data.
- External luminous display showing the instantaneous sound level in dB(A).
The equipment must be type-approved and the installation and calibration must be carried out by a company authorized by the manufacturer. DecibelSea is an authorized installer of Ecudap. View the range →
Penalty regime
Esta ficha no tiene cuantías municipales verificadas. Se muestra la escala general de la Ley 1/2007 de las Illes Balears.
| Severity | Fine | Ancillary measure |
|---|---|---|
| Leve | Up to 600 € | Suspension of the opening authorization for a period of less than one month. |
| Grave | De 601 € a 12.000 € | Suspension of authorization from 1 month to 1 year. Temporary closure of up to 2 years. |
| Very serious | De 12.001 € a 300.000 € | Revocation of authorization (1 to 5 years). Definitive closure, total or partial. |
But the fine is not the main issue. If the control devices are not in perfect working order, the ordinance mandates the immediate sealing of the music activity (art. 57.4). There is no need to wait for any proceedings to be resolved.
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Technical reference documentation. It does not constitute legal advice. Always cross-check with the current official text in the BOIB and with the competent town hall.