The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound amplifying equipment may be entitled to certain protection by the constitutional rights of freedom of speech and assembly, the Council finds that in order to protect the public safety and the correlative rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise, reasonable regulation of the time, place and manner of the use of amplifying equipment is necessary. In no event shall any approval or authorization required herein be withheld by reason of the content of any material proposed to be broadcast through amplifying equipment. Notwithstanding any other provisions of the code, the provisions of this chapter shall exclusively govern the use of sound amplifying equipment in city parks.
(O4170)
As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
"Director"
means the Community Resources Director, or a designee of the Community Resources Director or the City Manager.
"Local ambient"
means the average sound level during a period ranging from two to six minutes, as measured with a Type S2A or better sound level meter, using slow response and "A" weighting. The average sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue; provided, that if, for any reason, the alleged offending noise source cannot be shut down, the local ambient shall be estimated by performing a measurement in the same general area of the source but at a sufficient distance from the source so that only the ambient noise is measured. However, for purposes of this chapter, in no case shall the local ambient be considered or determined to be less than: (1) 30 dBA for interior noise for multifamily residential property; or (2) 40 dBA in all other areas. If the local ambient is composed in part of noise produced by other individual identifiable sources which are occasional or occasional and transient which would otherwise operate during the measurement period and contribute significantly to the ambient sound level, determination of the local ambient shall be accomplished with these separate identifiable noise sources silent. The Council may cause studies to be performed to determine uniform local ambients within a specifically defined area or areas of the city. Upon adoption of any such local ambients by resolution of the Council, such ambients shall constitute the local ambients within the areas for the purpose of this chapter.
"Noise level"
means the maximum continuous sound level or repetitive peak level produced by a source or group of sources as measured with a Type S2A or better sound level meter using the "A" weighting scale, and the meter response function set to "SLOW."
"Person"
means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature, including any city, county, district, or other public agency.
"Precision sound level meter"
means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."
"Sound amplifying equipment"
means any machine or device for the amplification of the human voice, music or any other sound, or by which the human voice, music or any other sound is amplified. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicles in which the automobile radio is installed. Sound amplifying equipment, as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
"Sound level,"
expressed in decibels (db), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," Paragraph 2.9, or successor reference. All references to db in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section.
"Type S2A or better sound level meter"
means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."
(O2009 2)
The Director is hereby authorized to identify parks in the city's system in which amplified sound may be permitted, and to prohibit the issuance of permits for amplified sound in parks that the Director determines are not suited to events with amplified sound and are incompatible with such events. The Director shall maintain a list (as a part of the administrative regulations described in Section 12.36.270 of this code) of parks in which amplified sound may be permitted pursuant to this section.
The use of sound amplifying equipment in or upon any park shall be subject to the following requirements:
A. 
A permit is required for any person wishing to stage an event employing the use of amplified sound in a city park. Any person wishing to use amplified sound in a park shall apply to the Director for a permit for that event. This permit shall be required in addition to any permits required under Chapter 12.48. The application shall be due to the Director no less than 30 days before the intended date of the event. The Director, in evaluating the application, shall consider the following factors:
1. 
Time of event;
2. 
Location of event;
3. 
Anticipated number of people in attendance;
4. 
Number of people to be affected by the event;
5. 
Magnitude of noise, including the affect of any proposed mitigation measures;
6. 
The applicant's methods of dealing with complaints received;
7. 
The applicant's methods for admitting people to the event;
8. 
The applicant's methods for providing crowd control;
9. 
The applicant's past compliance with the provisions of this chapter and previous permits granted to the applicant;
10. 
That on public property no more than one permit be issued for the location in any one day.
B. 
The only sounds permitted shall be either music or human speech, or both.
C. 
Sound amplifying equipment shall be used upon public property only between dawn and dusk, except as may be otherwise authorized by a permit issued by the Director.
D. 
The sound emanating from sound amplifying equipment shall not exceed 15 dBA above the ambient noise level measured at the exterior of any dwelling unit located on any other property used for residential purposes; provided, that notwithstanding any other provision of this chapter, such sound shall not at any time exceed 86 dBA at a distance of 25 feet from the noise source or sources, nor exceed 65 dBA at the exterior of any dwelling unit located on any property used for residential purposes.
E. 
Sound amplifying equipment shall not be utilized in any location for a period in excess of three hours in any 24-hour period.
F. 
In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.
(O4170; O4188; O2009 2)