Arcata Municipal Code Art. 3 Regulations for Special Noise Sources

A. Noise disturbances prohibited. It is unlawful for any person to unnecessarily make, continue, or cause to be made or continued, any noise disturbance.

B. Use of musical instruments restricted. It is unlawful for any person to use any musical instrument or device of any kind in any public space or right-of-way within the Downtown Plaza area for any cumulative period exceeding fifteen minutes within any twenty-four hour period. This section shall not apply to any person who has been duly authorized to engage in such conduct by the granting of a variance by the noise control officer pursuant to Section 4360 of this Chapter. Such variances shall normally be limited to parades or special events sanctioned by the City.

C. Establishments with musical entertainment. It is unlawful for any person operating a business establishment with musical entertainment to permit the operation or playing of any loudspeaker, musical instrument or any other source of amplified sound in any manner so as to create any noise which would:

1. exceed ninety-five dBA as read on the scale of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: "WARNING SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT"; or

2. cause the sound level on any other property, including public spaces, to exceed the standards expressed in Section 4320 of this chapter.

D. Radios, television sets and similar devices. It is unlawful for any person within the Downtown Plaza area to use or operate any radio receiving set, phonograph, tape or compact disc player, television set or any other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of residents, employees, patrons or other persons using or inhabiting the Downtown Plaza area and of reasonable and normal sensitivity.

A. No person shall use or cause to be used at any place in the Downtown Plaza area, whether on public property or private property, any sound-amplifying device or equipment without first having secured a permit to do so from the noise control officer, except as provided in subsection F herein.

B. Any person desiring to obtain a sound amplification permit shall submit a written application to the police department no later than 30 days prior to proposed date for commencement of the amplified sound. The application shall include the following:

1. a description of the activity proposed to be conducted for which the sound amplification permit is requested;

2. a description of the amplification equipment or devices to be used;

3. a statement of the measures that the applicant will take to insure that the sound amplification will not unreasonably disturb other people in the vicinity;

4. the exact time periods and location where the sound amplification will take place;

5. the name of the person who shall be responsible for monitoring and insuring compliance with the terms of any permit that is granted;

6. any City fee for processing the application; and

7. any other information that the noise control officer determines is reasonable needed to assure compliance with the provisions of this chapter.

C. The noise control officer may grant the sound amplification permit if he or she determines that the sound amplification will be conducted in such a manner as not to unreasonably disturb the neighbors of other persons in the vicinity of the site and that the measures, if implemented, will be adequate. In granting a permit, the noise control officer may impose such conditions as may be appropriate or necessary to protect the public peace, safety, and welfare.

D. Any permit granted pursuant to this section shall be revocable at any time by the noise control officer for good cause.

E. Any person aggrieved by any decision rendered by the noise control officer pursuant to this section shall have the right to appeal the decision to the City Council. Any appeal shall be in writing and shall be submitted no later than thirty (30) calendar days following the date of the decision.

F. The permits otherwise required by this section shall not be required under the following circumstances:

1. Sound-amplification equipment or devices used on privately-owned property where the sound produced does not carry beyond the real property boundary or does not unreasonably disturb any person outside the property where the sound is generated.

2. Sound-amplification equipment or devices used in conformity with a conditional use permit issued under the provisions of Title IX, the Land Use and Development Guide.

3. Sound-amplification equipment or devices used on emergency vehicles or by government employees in connection with any activity undertaken for the protection of the public welfare or safety;

4. When a permit has been issued for sound amplification pursuant to "Chapter 1 of Title X of the Municipal Code for events held within the Plaza or upon any City grounds, or on any public street or sidewalk.