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Home My WebLink About1084 - Sound Amplifying Equipment & Trucks40 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) 1 William M. Schmidt ,being first duly sworn and on oath, depose and say that 1 am the AdvePti ®ink -Al ag° - -- ----- _--- ---- -- --. ---- -- of the Newport Harbor News Press -DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and that eity ... Ordinanse Number 1484�,_City Newport Heaeh, California - -- - -- - --- - - - - -- -- - - -- -- -- - - - -- - - -- -- --- -- - - -- - ------- - - - - -- of which the copy printed hereon is a true and com- plete copy, was printed and published in the regu- lar issue (s) of said newspaper on ......... ...... ............................... Ms 15 - - -,� 01$6_-4 - Subscribed and sworn to before me this ... 1Mh ..... ....... dayof -- ----- XIRyi -- - --- ----....... .--- --..........y .............. 196._4'...... NotaryOubl in and for the County of Orarrlae, State of California .POSE My Commission expires kco gmissfa )SS- I, MARGERY SCHROUDER, City Clerk of the City of the foregoing Ordinance. . _.. _ _ _ 9 g . . • •. No. . - 10$4 .... was duly and regularly adopted, passed Of Newport Beach, California, at a regular meeting of said thereof, on the .- 1-lth ------- day, of ..... ..Max..... Newport Beach, California do hereby certify that and approved by the City Council of the City City Council held at the regular meeting place .................................. 19 64... by the following vote: AYES: COUNCILMEN -- Stoddard, Forgit, Cook, Gru.ber,_Elder, Marshall, Parsons NOES: COUNCILMEN - - - - -- -None ABSENT: COUNCILMEN None Dated this - - -27th - - - - day of .........MaY ..... . . . . ............ . ..... 19 64 .. . Ci I Clerk of th Ciry A.Mewport Beach, State of California ORDINANCE NO. 1004 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SEC TION 4209 OF. AND ADDING CHAP. TRUCKS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 4209 of the f4ew Port Beach Municipal Cade is hereby repealed. SECTION 2. Chapter 5 is added to Article IV of the Newport Beach Munici Pal Code to read: "Chapter 5 SOUND AMPLIFYING EQUIPMENT AND SOUND TRUCKS ' SECTION 4500. Definitions. (a) 'Sound Amplifying Eruipment' as used herein shall mean any ma. chine or device for the annPlificahau Of the human Voice, music 0r any Other sound. Sound amplifying equip _ menf shall not be construed to include standard radios or Phonograph s, high fidelity or sound systems which are used entirely within a building and are not designed or used to convey the human voice, music or any other sound f0 an audience outside such building, ,or, :standard automobile radios when • used and heard only' by occupants of the Vehicle in which Installed or port able radios designed for Personal uc =. (b) 'Sound Truck'- as used •herein shall mean any Vehicle having mounfeo thereon or attached thereto any sound amplifying equipment. SECTION 4501. Use of Noncommer cial Sound Amplifying Equipment and Sound Trucks. No Person shall use or cause to be used any sound amPlifYing equipment or sound truck with its sound amplify Ing equipment In Operation for rencorn' mercial Purposes in the City Wilhout first having applied for alto Obtained A Permit from the City Council as here. inaffer Provided. SECTION 4502. Exemptions. The Provisions of this chapter shall not apply to the use of sound trucks or sound amplifying equipment in con- ducting the following activities: (1) Sporting and recreational activi- ties conducted on Public school Prop erty or in Public Parks when authorized by the agency having control of such Parks. (2) Wafer sport activities conducted on the wafers of Newport Harbor. (3) Activities conducted on Property ' of churches or Private clubs where the sound is confined within the boundaries of such Propertv. (4) Activities conducted within the boundaries- at amusement centers or Parks where the sound is confined wlfh- In.fhe boundaries of such amusement 'center or Parke SECTION 4503!.ApPliwfion for Per- mit. Applications' fog permits for the use of Sound amplifving:equipmenf or sound _ trucks shall be"flled with the City Clerk on forms suplted by the City. The aP.Ilawion shall contain the follow- �� - " (1) Name and' home address of applicant. (2) Business address of the applik (3) If the application is for the 'of a sound truck, if shall contain names of the legal and regish owners of the sound truck, and Year, make, and license number the truck. r �\ (4) The address or location where the sound amplifying equipment is to be used or, it the application is nor a sound truck, then a general statement as it the section or sections of the City in which the sound truck will be used. (5) The name and address of the Per son who will have direct charge of the operation of the sound amPlifving equi pmenf or sound truck. (6) The PurPM.- for .which the sound amplIfVing equipment or sound truck will be used. (7) The Proposed hours of operation of the sound amplifying system or sound truck. (0) The number of days of proposed Operation of the sound ampllfYing egWP- menf or sound truck. (9) A general description of the sound amplifying equipment f0 be used. (10) The maximum sound Producing power of the sound amplifying equip- ment f0 be used, including: a. The wattage to be used. b. The Volume in decibels of the .unit which shall be Produced. c. The approximate maximum dis- tance sound will be Pr0lected from the sound amplifying equipment. SECTION 4504. Issuance of Permit. (a) Upon receiving an application for a Permit for the use of sound amplify, Ing equipment or a sound truck for noncommercial Purposes, the City Clerk shall Place the matter on the agenda of the nest regular 1^_".in9 If tts CItv.Council following the filing of the application for cohtidBrafion' and shall hatity the applicant of the date bV registered mail, Postage Prepaid. (b) At the time of consideration, the City Council shall grant the appti cant a revocable, nontransferable per mlf valid for a Period net 1a exceed Six (6) months if it appears from the Information contained in the applica- tion and such additional Information as may be Presented to the City Council that the proposed use of the sound amplifying equipment or Sound truck Is for a noncommercial purpose and that the Proposed use will comply with the regulations contained In Section 4585. In granting such Permit, the City Council shall specify the hours during which the .unit amPIltving equipment or sound truck may be used after Can siderhg 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. SECTION 4505. Regulations for Use. The noncommercial use of sound am -i, PlitVing-egUipmenf and sound trucks In the City shall be subject to they following regulations: (1) The only sounds permitted are music and human speech. (2) Operations shall not be permitted on Sundays and legal holidays. (3) Sound shall not be emitted with. In one hundred (100) Yards of hospl. Pals, churches, and the City H311. (4) The human speech and music amplified shall not be profane, lewd or slanderous. (5) The Volume of sound shall be controlled so that if will not be audible for a distance in excess of one hundred fifty feet from the .unit amplifying equipment or sound truck and s0 that said volume is not unreasonably loud raucous, jarring, disturbing or a nui- sance to Persons within the range of audibility. SECTION 4506. Possession and Dis- PlaY of Permit. Any Person operating the sound am- plifying equipment or sound truck shall keep the Permit granted In his posses- sion of all times while operating said equipment or sound truck and shall Promptly dISPIaY Sa lit Permit f0 any police officer of the City upon request. SECTION 4507. Revocation of Permit. The City Manager may revoke any Permit Issued Pursuant to this chapter on any of the following grounds: (1) The sound amplifying equipment or sound truck has been used contrary to the regulations contained In Section 4505 or the terms of the permit. (2) The applicant has made a mis- representation of a material fact In the application. (3) The sound amplifying equipment or sound truck Is being used for the purpose at commercial advertising. Notice of the revocation shall be given to the Permit holder in writing. If the notice is personally set Ved upon the Permit holder, if shall be effective immediately upon service. If the no- fice of revocation is delivered bV mail. Ing, if shall be effective on the third day following the deposit of the notice in the United States mail. The Permit hostler may appeal the action of the City Manager to the City Council by filing a notice of appeal with the City Clerk within fen (10) days after the effective date of the revocation. If a notice of appeal is not filed within Said ten -day Period, the reVocai0n shall become final. SECTION 4508. Commercial Advertis- ing by Use at Sound Amplifying Equip. menf or Sound Truck Prohibited. No Person shall operate Or cause to be operated any sound amplifying equipment or Sound truck for the Pur- Pose of commercial advertising it the City." SECTION 3. This ordinance shall be Published once in the official newspaper of the City, and the same shall be effect five 30 days after the date of Its a-fopflon. This ordinance was Introduced of a regular meeting of the City Council of the City of Newport Beach held on the 29th day of April, 1964 and was :dopted on the 11th day of May, 1964 by the following Vote, to wit: AYES, COUNCILMEN: Stoddard, Fargit, Cook, Gruber, Elder, Marshall, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN: None PAUL J. GRUBER Mayor ATTEST: MARGERY SCHROUDER City Clerk Published Newport Harbor News- Press, Newport Beach, Calif., May 15, 1964 641 -M