Loading...
HomeMy WebLinkAbout93-7 - Adding Section 10.28.020 to the Newport Beach Municipal Code, to Prohibit the Transmission of Loud or Raucous Noise from Sound Making or Amplifying DevicesJ ORDINANCE NO. 93 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.28.020 TO THE NEWPORT BEACH MUNICIPAL CODE, TO PROHIBIT THE TRANSMISSION OF LOUD OR RAUCOUS NOISE FROM SOUND MAKING OR AMPLIFYING DEVICES THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS • FOLLOWS: SECTION 1: That the Newport Beach Municipal Code is hereby amended by adding a section, to be numbered 10.28.020, which said section reads as follows: Section 10.28.020. Loud and raucous noise from sound making or amplifying devices prohibited. A. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound making or sound amplifying device in his possession or under his control, • (1) upon any private property, or (2) upon any public street, alley, sidewalk or thoroughfare, or (3) in or upon any public park or other public place or property. B. The words 'loud and raucous noise ", as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical, or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more of such places or areas. C. The word "unreasonably ", as used herein, shall include, but not be limited to, consideration of the hour, place, nature, and circumstances of the emission isor transmission of any such loud and raucous noise. D. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of the Newport Beach Municipal Code. 1 • • is SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Newport Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of April , 1993, and adopted on the loth day of May , 1993, by the following vote, to wit: ATTEST: AYES, COUNCIL MEMBERS sANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCIL MEMBERS NONE ABSENT, COUNCIL MEMBERS HEDGES