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Sant Josep de sa Talaia

Ordenanza reguladora del ruido y las vibraciones

Versión consolidada, 22/03/2022 ↗
Nota de verificación

If a DJ performs or audio tracks are played in your venue, it is not live ambient music. The exemption under art. 22 bis does not apply to you: the limiter and acoustic study are mandatory.

What triggers the obligation here

Tourist activities regulated in art. 26 of Ley 8/2012 del turismo de las Illes Balears that have music (art. 22.1). Only LIVE background music that meets the five requirements of art. 22 bis is excluded.

What you need to know

  • The trigger is tourism-based, not urbanistic: it applies to hotels, restaurants, and beach clubs with music.
  • Art. 22 bis — a DJ with a mixing console is NOT live background music. Music generated by mixing consoles, electronic devices, or audio track playback is excluded.
  • The exemption for live music requires all five requirements: 48 h prior notification, schedule 13:00–23:00, maximum 2 days/week, maximum 2 h/day, and no dance floor. Failing to meet even one requirement activates the obligation to install a limiter.
  • Art. 23.3 — installation and calibration only by a company authorized by the manufacturer.
  • Art. 24.6 — the limiter does not replace the insulation of the premises.
  • Art. 37 — failure to have a limiter is grounds for an urgent provisional measure: precautionary closure prior to resolving the proceedings.

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We do not publish a deadline that we have not substantiated in the legal text.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

  1. Function as a frequency limiter in 1/3 octave and as a sound recorder.
  2. Allow programming of the limit values for sound impact and provide a display to view them.
  3. External calibrated microphone with the equipment, capable of detecting manipulations and verifiable with a calibration system.
  4. Save history with the date and time of the last programming.
  5. 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.
  6. Store in internal memory the manipulations of the musical equipment and of the limiter itself.
  7. Detect other sound sources operating in parallel.
  8. Have a locking system for connections and microphone.
  9. Prevent playback if the limiter is disconnected from the electrical network or from the sensor.
  10. Allow municipal services access to the record storage.
  11. Allow telematic transmission of data.
  12. 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

Cuantías fijadas por la propia ordenanza de Sant Josep de sa Talaia.

SeverityFineAncillary measure
Leve Up to 600 € Suspension of the opening authorization for less than one month.
Grave De 601 € a 12.000 € Suspension from 1 month to 1 year. Temporary closure of up to 2 years.
Very serious De 12.001 € a 300.000 € Revocation of authorization (1–5 years). Definitive closure.

But the fine is not the main issue. Not having a limiter when required, or tampering with it, is grounds for an urgent provisional measure (art. 37): the City Council can precautionarily close the venue before the case is 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.