Chapter 9.40
SOUND AMPLIFIERS

Sections:

9.40.010    Sound amplification permit required.

9.40.020    Application for permit.

9.40.030    Granting or denial of permit.

9.40.040    Revocation of permit.

9.40.050    Appeal.

9.40.060    Exceptions.

9.40.070    Violations.

9.40.080    Subsequent offense within forty-eight hours.

9.40.010 SOUND AMPLIFICATION PERMIT REQUIRED.

No person shall use or cause to be used at any place in the city whether on public property or private property any sound-amplifying device or equipment without first having secured a permit to do so from the police department, except as provided in Section 9.40.060.

(Ord. 80-29 § 2, 1980; prior code § 4276).

9.40.020 APPLICATION FOR PERMIT.

Any person desiring to obtain an amplification permit shall submit a written application to the police department. The application shall describe in detail the activity proposed to be conducted for which the sound amplification permit is requested, shall describe the amplification equipment or devices to be used, shall set forth the steps that the applicant will take to ensure that the sound amplification will not unreasonably disturb other people within the vicinity, shall describe the location where the sound amplification is to take place, shall describe the neighborhood surrounding the location where the sound amplification is to take place, shall include the name of the person who shall be responsible for monitoring and ensuring compliance with the terms of any permit that is granted, and shall include such other information that the police department may require.

(Ord. 80-29 § 2, 1980).

9.40.030 GRANTING OR DENIAL OF PERMIT.

The police chief may grant the sound amplification permit if he determines that the sound amplification will be conducted in such a manner as not to unreasonably disturb the neighbors or other persons in the vicinity of the sound amplification, and if he further determines that if actually implemented, the steps to be taken by the applicant to minimize or avoid such disturbance will be adequate. In granting a permit, the police chief may impose such conditions as may be appropriate or necessary in order to protect the public peace and safety.

(Ord. 80-29 § 2, 1980).

9.40.040 REVOCATION OF PERMIT.

Any permit granted pursuant to this section shall be revocable at any time by the police chief for good cause.

(Ord. 80-29 § 2, 1980).

9.40.050 APPEAL.

Any person aggrieved by any decision rendered by the police chief pursuant to this chapter, shall have the right to appeal the decision to the city council, as provided in Chapter 1.16.

(Ord. 80-29 § 2, 1980).

9.40.060 EXCEPTIONS.

The permits otherwise required by this chapter shall not be required of sound-amplifying equipment or devices under the following circumstances:

(a)    Sound-amplification equipment or devices used on privately owned property, whether indoors or outdoors, where the sound produced does not carry beyond the property line or does not unreasonably disturb any person outside the property where the sound is generated;

(b)    Sound-amplification equipment or devices used in conformity with an entertainment permit issued by the police department;

(c)    Sound-amplification equipment or devices used in conformity with a use permit under the provisions of Title 24 of this code;

(d)    Radios, record players, TV’s, and tape players wherever used, when the volume does not exceed the volume or normal conversational speech;

(e)    Sound-amplification equipment or devices used on emergency vehicles or by government employees in connection with any activity undertaken for the protection of the public welfare or safety;

(f)    When a permit has been issued by the parks and recreation department for sound amplification in a city park.

(Ord. 84-09 § 1, 1984: Ord. 80-29 § 2, 1980).

9.40.070 VIOLATIONS.

Any person who uses or causes to be used any sound-amplifying equipment or device in violation of the provisions of this chapter, whether by failing to obtain a permit when required or by failing to comply with the terms and conditions of a permit when issued is guilty of an infraction.

(Ord. 80-29 § 2, 1980).

9.40.080 SUBSEQUENT OFFENSE WITHIN FORTY-EIGHT HOURS.

Any person who violates any section of this chapter and is cited for such a violation, and who within forty-eight hours after receiving such a citation again violates the same section is guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint.

(Ord. 80-29 § 2, 1980).