Chapter 6.72 — AMPLIFIED SOUND

This City Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound-amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the City Council, nevertheless, feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and raucous noise. (Ord. 4059 § 1 (part); October 9, 1979; Ord. 5941 § 1 (part); September 14, 2004.)

Notwithstanding the provisions of Chapter 6.70 of this code, it shall be unlawful for any person to use or operate, or cause to be used or operated, within the City of Anaheim any sound-amplifying equipment in a fixed or movable position, or mounted upon any vehicle, except when used or operated in compliance with the following provisions:

.010 In all residential zones and within two hundred feet of any boundary thereof, no sound-amplifying equipment shall be operated or used for commercial purposes, except sound-amplifying equipment may be used for commercial purposes upon a moving vehicle between the hours of 8:00 a.m. and 8:00 p.m. to announce the presence of such vehicle in an area or location for commercial purposes; provided that such sound-amplifying equipment shall not be used during periods that the vehicle is stopped, parked or otherwise in a stationary position..

.020 In all residential zones and within two hundred feet of any boundary thereof, no sound-amplifying equipment shall be operated or used for noncommercial purposes between the hours of 8:00 p.m. and 8:00 a.m. of the following day.

.030 In all non-residential zones, except such portions thereof as may be included within two hundred feet of the boundary of any residential zone, the operation or use of sound-amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

.040 In all non-residential zones, except such portions thereof as may be included within two hundred feet of the boundary of any residential zone, the operation or use of sound-amplifying equipment for noncommercial purposes is prohibited between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

.050 Sound emanating from sound-amplifying equipment shall not be audible to a person of normal hearing acuity within an enclosed building (other than a building within which the sound emanate) at a distance in excess of two hundred feet from the sound-amplifying equipment.

.060 In no event shall the sound-amplifying equipment be unreasonably loud, raucous, jarring or disturbing to a person of normal sensitiveness within the area of audibility, or disturb the peace or quiet of any neighborhood.

.070 It shall be unlawful for any person to operate or use any sound-amplifying equipment within, upon or adjacent to the premises of any hospital, school, or publicly owned or operated arena, stadium, convention center or auditorium, while in use, in a manner which disturbs, disrupts or interferes with the conduct of any event, business or activity of any nature then occurring within such building or premises. Nothing contained in this subsection shall be deemed to prohibit any conduct which is otherwise prohibited by California Penal Code Sections 302 or 403, or any other provision of State law. (Ord. 4059 § 1 (part); October 9, 1979; Ord. 5781 § 1; September 25, 2001; Ord. 5941 § 1 (part); September 14, 2004.)

.010 The word "person," as used herein, shall include the singular and the plural, and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization.

.020 The words "sound-amplifying equipment," as used herein, shall mean any device for the amplification of the human voice, music or any other sound.

.030 The word "zone," as used herein, shall mean the zoning designation given to any public or private property pursuant to the provisions of Title 18 of this Code. Any public or private street, alley or other right-of-way shall be deemed to have the same zoning designation as the public or private property immediately contiguous to such street, alley or right-of-way. Where the property on each side of a street, alley or right-of-way bears a different zoning designation, each such zoning designation shall be deemed to extend to the centerline of such street, alley or right-of-way.

.040 Nothing contained in this section shall be deemed to permit or authorize any activity or sound level which is otherwise prohibited by any provision of State law.(Ord. 4059 § 1 (part); October 9, 1979; Ord. 5941 § 1 (part); September 14, 2004.)

The following uses of sound-amplifying equipment and activities shall be exempt from the provisions of this chapter:

.010 Vehicle sound systems, radios and similar devices located within or upon any vehicle, to the extent the sound from such devices is regulated by provisions of the Vehicle Code of the State of California.

.020 Sound-amplifying equipment when used and heard only by occupants of the premises in which the devices are located.

.030 Warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles when used for traffic safety purposes, or any other device when used by a public safety officer for official purposes.

.040 Equipment used by any duly authorized facility operator, tenant or lessee as an integral part of any event at Anaheim Stadium, Arrowhead Pond, Anaheim Convention Center, or as an integral part of any event or program at any other publicly owned or operated facility.

.050 Equipment and devices used as an integral part of any public or private institutional use lawfully permitted pursuant to Title 18 of this Code, including but not limited to, public and private educational institutions, and places of religious worship. (Ord. 5941 § 1 (part); September 14, 2004.)

The first violation of this chapter by any person occurring within any twelve-month period shall be punishable as an infraction in accordance with applicable provisions of the California Penal Code and the California Government Code. The second and all subsequent violations of this chapter by such person occurring within any twelve-month period shall be punishable as a misdemeanor. (Ord. 5941 § 1 (part); September 14, 2004.)