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.
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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