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 city 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 approval or authorization required herein be withheld by reason of the constitutionally protected content of any material proposed to be broadcast through amplifying equipment.
(Ord. 1700 § 1; Ord. 1854 § 13; Ord. 1955, 1998; Ord. 2221, 2005)
It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music, to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or other outdoor public property without first filing a registration statement and obtaining approval thereof as set forth in this article. The provisions of this section shall also apply to the use of sound amplifying equipment upon public or private property when used in connection with outdoor or indoor public or private events, whether or not admission is charged or food or beverages are sold, when such activity is to be attended by more than one hundred persons and the noise emanating from the event will be audible at the property plane, or in the case of a street dance or concert on the nearest residential property. Outdoor sponsored athletic events and graduations held on school property and indoor events held in any assembly hall, school building, or other private or public building with an occupancy rate of more than one hundred people are exempt from the requirements of this section.
(Ord. 1700 § 1; Ord. 1955, 1998; Ord. 2221, 2005)
Any person desiring to utilize sound amplifying equipment, and not otherwise required to file a registration statement pursuant to Section 24.04.040, may make such application and shall be subject to the provisions of this article.
(Ord. 1700 § 1; Ord. 1955, 1998; Ord. 2221, 2005)
(a) 
Issuing authority. The issuing authority shall be the police chief.
(b) 
Approving authority. The approving authority shall be the police chief.
(c) 
Application. Every user of sound amplifying equipment subject to the provisions of this article shall file a registration statement with the police chief at least sixteen days and no more than one hundred twenty days prior to the date on which the sound amplifying equipment is intended to be used. Applications for events covered by the first amendment of the United States Constitution are exempt from the time requirements of this section if it can shown that circumstances required a shorter filing period and that the event will not constitute an unsafe condition. The statement shall contain the following information:
(1) 
The name, address and telephone number of both the owner and the user of the sound amplifying equipment;
(2) 
The license number, if a sound truck is to be used;
(3) 
A general description of the sound amplifying equipment which is to be used;
(4) 
Whether sound amplifying equipment will be used for commercial or noncommercial purpose;
(5) 
The dates and times upon and within which and the streets or property over or upon which the equipment is proposed to be operated;
(6) 
The name or names of one or more persons who will be present during the conduct of any activities for which registration is sought and who will have authority to reduce the volume of any sound amplifying equipment during the course of the activities if required pursuant to this chapter and, otherwise, to insure compliance with the provisions of this chapter;
(7) 
A statement by the applicant that he or she is willing and able to comply with the provisions of this chapter and the conditions of the registration statement;
(8) 
A sketch of the area or facilities within which the activities are to be conducted, with approximate dimensions and illustration of the location and orientation of all sound amplifying equipment.
(d) 
Processing application. The police chief shall approve the registration statement and return it to the applicant unless the chief finds:
(1) 
The conditions of any motor vehicle movement are such that, in his or her opinion, the use of the equipment would constitute an unreasonable interference with traffic safety; or
(2) 
The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety; or
(3) 
The registration statement submitted by the applicant reveals that the applicant would violate the provisions of this article; or
(4) 
The applicant is unwilling or unable to comply with the provisions of this chapter or any conditions imposed upon any registration statement issued; or
(5) 
There had already been a permitted event at the intended location, or within a two hundred-yard radius of the intended location and the prior permitted event was located on residentially zoned property or on a street, alley, public parking lot or neighborhood park within three months prior to the intended event. Community parks are exempt from this subsection (5); or
(6) 
The applicant or location has had previous violations within the past calendar year, and in the judgment of the police chief, issuance would be contrary to the intent of Section 24.04.010.
(e) 
Determination. In determining whether the use of the equipment would constitute an unreasonable interference with or detriment to traffic safety, the police chief shall consider, but shall not necessarily be limited to:
(1) 
The volumes, patterns and speed of vehicular and pedestrian traffic in the proposed are of use;
(2) 
The relationship of the proposed use of equipment and potential impacts upon traffic patterns;
(3) 
Availability of sufficient room for the operation of the equipment without significantly interfering with the traffic patterns;
(4) 
Proximity to schools, playgrounds and similar facilities where use of such equipment might attract children into traffic patterns;
(5) 
Proximity to busy intersections or other potentially hazardous conditions where use of such equipment might constitute a hazard by reason of its tendency to distract drivers of vehicles or pedestrians.
(f) 
Issuance or denial.
(1) 
If the registration statement is approved, the police chief shall return an approved copy of the registration statement to the applicant which shall constitute permission for the use of the sound amplifying equipment as requested.
(2) 
If the registration statement is disapproved, the police chief shall return a disapproved copy forthwith to the applicant with a written statement on the reason for disapproval.
(3) 
Any registration statement filed shall be either approved or disapproved within five days of the filing thereof.
(Ord. 1700 § 1; Ord. 1854 §§ 14—16; Ord. 1955, 1998; Ord. 2221, 2005)
(a) 
Any person affected or aggrieved by approval or disapproval of a registration statement may appeal by filing a written notice with the city clerk within five days of notification of approval or disapproval of the application, or within five days of notification of approval to neighbors as provided in Section 24.04.070(c)(2), whichever is later. It is assumed that persons residing within two hundred yards of the event will be affected.
(b) 
The appeal shall be heard by the city manager not later than seven calendar days after the date of filing an appeal.
(c) 
The city manager's determination of the appeal shall be based solely on the grounds set forth in Section 24.04.040(d). The city manager shall make his or her determination to uphold or deny the appeal within three business days of the date of the hearing on the appeal. The decision of the city manager shall be final.
(d) 
No registration statement approved shall be valid while an appeal is pending.
(e) 
The time periods set forth in this section may be extended by mutual consent of the city and the applicant.
(Ord. 1700 § 1; Ord. 1854 § 17; Ord. 1955, 1998; Ord. 2221, 2005)
Prior to the application for issuance of a registration statement, a fee consistent with the city's master fee schedule shall be paid to the city. The dates and times for which activity is authorized shall be shown on the face of the registration statement. In the event use is authorized during certain periods of time, without specification of fixed time, the time limits within which the registration statement is effective shall be shown on the face of the registration statement, as well as the expiration date. Registration statements may be renewed in the same manner as initial application are made.
(Ord. 1700 § 1; Ord. 1854 § 18; Ord. 1955, 1998; Ord. 2221, 2005)
(a) 
Upon approval of a registration statement pursuant to Section 24.04.040, any activity conducted on public or private property pursuant to such registration statement and in connection with an outdoor or indoor public or private concert, dance, party, or any similar event, shall be exempt from the provisions of Section 24.02.020, but shall remain subject to the provisions of Section 24.02.030 and, furthermore, shall be subject to the standards set forth in subsection (c) of this section.
(b) 
Upon approval of a registration statement for any activity conducted within a dwelling unit located within a multiple-family structure, including condominiums, such activity shall be exempt from the provisions of Section 24.02.020(c), but shall remain subject to all other provisions of this chapter including the provisions of subsection (c) of this section.
(c) 
Any activity for which a registration statement is approved pursuant to this article shall be subject to the following conditions:
(1) 
The exemptions provided in subsections (a) and (b) of this section shall remain in effect until 12:00 midnight in residential zones and 12:30 a.m. in other zones, on Saturday, and Sunday mornings and any night preceding a holiday, or until ten p.m. on any other night. After that time the exemptions shall expire and any and all activities conducted shall be subject to all otherwise applicable provisions of this chapter.
(2) 
The applicant shall provide written notice of the event to the residents within two hundred yards of the property plane of the property on which the activity is to be held and in multiple dwellings, to all residences located on the same parcel at least fourteen days prior to the date of the event. The notice shall include the date of distribution of the notification, the name of the permit holder, the address and the telephone number of the host property, the date and hours during which the event is permitted to take place, and the statement "approval of the permit for this proposed event may be appealed to the Davis police department within five days of the receipt of this notice."
(3) 
Speakers for sound amplification equipment shall be directed, to the extent feasible, toward open or unoccupied space and away from residentially occupied property.
(4) 
Approval of a registration statement may be conditioned upon such other terms as may be necessary to insure compliance with the provisions of this chapter.
(d) 
Sound amplifying equipment shall not be utilized for more than four total hours within any twenty-four-hour period.
(e) 
The only sounds permitted on the sound amplification system shall be either music or human speech, or both.
(Ord. 1700 § 1; Ord. 1854 §§ 19—21; Ord. 1955, 1998; Ord. 2221, 2005)