HomeMy WebLinkAbout03 - Sound Amplification PermitsCITY OF
NEWPORT BEACH
City Council Staff Report
March 11, 2014
Agenda Item No. 3.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov
PREPARED BY: Jason Guyser, Assistant City Attorney
PHONE: 949 - 644 -3131
TITLE: Adoption of Ordinance No. 2014 -5 Amending Newport Beach Municipal Code
Chapter 10.32 Regarding Sound Amplification Permits
ABSTRACT:
On February 25, 2014, the City Council conducted first reading of Ordinance No. 2014 -5
relating to Sound Amplification Permits. The City Council passed Ordinance No. 2014 -5 to
second reading at the March 11, 2014 meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance 2014 -5, An Ordinance of the City Council of
the City of Newport Beach Amending Chapter 10.32 of the Newport Beach Municipal Code
Regarding Sound Amplification Permits.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
If the City Council adopts Ordinance 2014 -5 amending Municipal Code Chapter 10.32, the
Finance Director, or designee, will have discretion to deny applications for the use of sound -
amplifying equipment to those individuals who have had a sound - amplification permit
revoked, or who have received a citation for loud and unreasonable noise or loud and
unruly gatherings within 18 months of applying for a sound - amplification permit. Providing
this discretionary authority will assist the City in limiting the number of repeat violators who
inappropriately use sound - amplifying equipment.
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ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the introduction and adoption of this ordinance is
not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections
15060(C)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment, directly or
indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project
under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a
significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Name: Description:
❑ Ordinance 2014 -5.odf Ordinance 2014 -5
❑ Redline 10.32.040.docx Redline of NBMC Section 10.32.040
M
ATTACHMENT A
ORDINANCE NO. 2014-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA AMENDING
CHAPTER 10.32 OF THE NEWPORT BEACH MUNICIPAL
CODE REGARDING SOUND AMPLIFICATION PERMITS
RECITALS
WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a
charter adopted by the citizens of the City;
WHEREAS, Article XI, Section 5 of the Constitution of the State of California
authorizes charter cities to enact ordinances with respect to their municipal affairs;
WHEREAS, the City regulates the use of sound - amplifying equipment and sound
trucks pursuant to Newport Beach Municipal Code ("NBMC ") Chapter 10.32; and
WHEREAS, given the reoccurring nature of events that require a sound -
amplification permit, the City believes it is prudent to grant the Finance Director or
designee discretionary authority to deny sound- amplification permits to those individuals or
groups who have had a sound- amplfication permit revoked or who have received a
citation for loud and unreasonable noise or loud and unruly gatherings within 18 months of
applying for a sound - amplification permit in order to prevent repeated non- oompliance with
the City's rules and regulations regarding sound- ampliifying equipment.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Section 10.32.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
A. Upon receiving a complete application for a permit for
the use of sound - amplifying equipment or a sound truck, the
Finance Director or designee shall conduct an investigation
within ten (10) days of receipt of a complete application to
determine whether to approve the application. Unless the
application is denied pursuant to Subsection 10.32.040(8),
the Finance Director or designee shall approve or
conditionally approve the application for a permit if It is
determined that all the requirements of this chapter are met
and if it appears from the information contained in the
application and such additional information as may be
presented to the Finance Director or designee that the
proposed use of the sound - amplifying equipment or sound
truck complies with the regulations contained in Section
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10.32.060. The permit shall be nontransferable and valid for
a period not to exceed six (6) months.
B. Denial of Application. An application for a permit for
the use of sound - amplifying equipment or a sound truck may
be denied under any of the following circumstances:
1. The City has revoked a permit obtained by the
applicant pursuant to Section 10.32.080 within
eighteen (18) months of the date of the application for
a permit under Chapter 10.32;
2. The applicant has received a citation for
violating Chapters 10.28, 10.32 or 10.66 of this Code
within eighteen (18) months of the date of the
application for a permit under Chapter 10.32; or
3. The City has issued a citation under Chapters
10.28, 10.32 or 10.66 of this Code to the address or
location where the sound- amplifying equipment or
sound truck is sought to be used by the applicant
within eighteen (18) months of the date of the
application for a permit under Chapter 10.32.
C. Specification of Hours. If a permit is granted, the
Finance Director or designee shall specify the hours during
which the sound - amplifying equipment or sound truck may
be used after considering the needs of the applicant, the
area or areas in which the sound will be emitted, and the
effects of such use on the public's health, safety and welfare.
D. Appeals. Actions by the Finance Director or designee
may be appealed by any interested party to the City
Manager by filing a written statement with the City Clerk
setting forth the facts and circumstances regarding the
action by the Finance Director or designee. The City
Manager shall notify the appellant and applicant in writing of
the time and place of the hearing on the appeal. The
hearing on appeal shall be heard and determined by the City
Manager within ten (10) days of receipt of a written appeal.
The decision of the City Manager shall be final.
SECTION 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unoonstitutional, such decision shall not
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affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant
to Sections 15060(C)(2) (the activity will not result in a direct or reasonably foreseeable
Indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly. Alternatively, the City Council finds the
approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3)
because it has no potential for causing a significant effect on the environment.
SECTION 5: 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 pursuant to City
Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 25th day of February, 2014, and was adopted on the 11th
day of March, 2014, by the following vote to wit:
ATTEST:
Leilani I. Brown, City Clerk
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Rush N. Hill, II
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
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ATTACHMENT B
10.32.040 Issuance of Permit.
A. Upon receiving a complete application for a permit for the use of sound -
amplifying equipment or a sound truck, the Finance Director or designee
shall conduct an investigation within ten days of receipt of a complete
application,4a;: to determine whether to approve o ^ ^F ieRa'.:y
appfeve —the application. Unless the application is denied pursuant to
Subsection 10.32.040(B), the Finance Director or designee shall approve
or conditionally approve the application for a permit if it is determined that
all the requirements of this chapter are met, and if it appears from the
information contained in the application and such additional information as
may be presented to the Finance Director or designee that the proposed
use of the sound - amplifying equipment or sound truck complyies with the
regulations contained in Section 10.32.060. The permit shall be
nontransferable and valid for a period not to exceed sixes months.
B. Denial of Application. An application for a permit for the use of sound -
amplifying equipment or a sound truck may be denied under any of the
following circumstances.
1. The City has revoked a permit obtained by the
applicant pursuant to Section 10.32.080 within
eighteen (18) months of the date of the application for
a permit under Chapter 10.32;
2. The applicant has received a citation for violating
Chapters 10.28, 10.32 or 10.66 of this Code within
eighteen (18) months of the date of the application for
a permit under Chapter 10.32; or
3. The Citv has issued a citation under Chapters 10.28
10.32 or 10.66 of this Code to the address or location
where the sound - amplifying equipment or sound truck
is sought to be used by the applicant within eighteen
(18) months of the date of the application for a permit
under Chapter 10.32.
C._Specification of Hours. ^•
'^ ,, Rt If a permit is granted, the Finance
Director or designee shall specify the hours during which the sound -
amplifying equipment or sound truck may be used after considering the
needs of the applicant, the area or areas in which the sound will be
emitted, and the effects of such use on the public health, safety and
welfare.
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D. Appeals. Actions by the Finance Director or designee may be appealed by
any interested party to the City Manager by filing a written statement with
the City ManageFClerk • ^ itteR stateA eR setting forth the facts and
circumstances regarding the action by the Finance Director or designee.
The City Manager shall notify the appellant and applicant in writing of the
time and place of the hearing on the appeal. The hearing on appeal shall
be heard and determined by the City Manager within ten LLdays of
receipt of a written appeal. _The decision of the City Manager shall be
final.
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