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HomeMy WebLinkAbout2014-5 - Amending Chapter 10.32 of the Newport Beach Municipal Code Regarding Sound Amplification PermitsORDINANCE 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 deny applications to those individuals or groups 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 in order to prevent repeated non - compliance with the City's rules and regulations regarding sound - amplifying 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(6), 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 10.32,060, The permit shall be nontransferable and valid for a period not to exceed six (6) months. 13. 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 unconstitutional, such decision shall not 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, 2 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 Cit� of Newport Beach held on the 25t" day of February, 2014, and was adopted on the 11 day of March, 2014, by the following vote to wit; AYES, COUNCILMEMBERS„ Gardner, Petros, Selich, Curry Henn, Daigle, Mayor Hill NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS AFT LEILANI I. BROWN, CITY CLERK APPR VE© AS TO FORM: CITY TTORNEY'S�OFFICE c/:— AARON C. HARP, CITY ATTORNEY HILL, II, 191 None STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2014 -5 was duly and regularly introduced on the 25th day of February, 2014, and ado�ted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11 h day of March, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Gardner, Petros, Selich, Curry, Henn, Daigle Mayor Hill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of March, 2014. City Clerk" City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -5 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: March 1, 2014 Adopted Ordinance: March 15, 2014 �,(,� u� In witness whereof, I have hereunto subscribed my name this —2e day ' day of A 4 2014. a- �� j D' �, or,_, City Clerk " City of Newport Beach, California (Seal)