La Puente Municipal Code Ch. 3.12 Amplified Sound

Sections:

• 3.12.010 Definitions.

• 3.12.020 Permit required.

• 3.12.030 Exemptions.

• 3.12.040 Filing of application.

• 3.12.050 Grounds for denial of permit.

• 3.12.060 Fees and term.

• 3.12.070 Restrictions.

• 3.12.080 Violations.

*Prior ordinance history: Ord. 1 §§ 3500—3513.4 and Ord. 13.

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music, or any other sound is amplified. “Sound amplifying equipment” does not include: standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed; warning devices on authorized emergency vehicles; or horns or other warning devices on any vehicle used only for traffic safety purposes.

“Sound truck” means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

(Ord. 790 § 3 (part), 1999)

It is unlawful for any person to use or operate any sound amplifying equipment in a fixed or movable position or mounted upon any sound truck or other vehicle for the purposes of giving instructions, directions, talks, addresses, or lectures or for transmitting music to any person(s), in or upon, any street, alley, sidewalk, park, or public property without first obtaining a permit pursuant to this chapter, in accordance with the procedures set forth in Chapter 5.08 of this code. If any of the provisions of Chapter 5.08 conflict with the provisions of this chapter, the provisions of this chapter prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 790 § 3 (part), 1999)

The permit requirement of this chapter does not apply to any of the following:

(a) Law enforcement personnel or government agencies acting in their official capacity; or

(b) A parade or assembly lawfully being conducted pursuant to Chapter 3.08 of this title.

(Ord. 790 § 3 (part), 1999)

In lieu of the time frame in Section 5.08.030 of this code for submitting an application for a permit, an application for a sound amplification permit must be filed with the city a minimum of five business days prior to the date on which the permit is required.

(Ord. 790 § 3 (part), 1999)

(a) An application for a permit issued pursuant to this chapter will be denied if any of the following conditions exist:

(1) The building, structure, premises, or the equipment used to amplify the sound, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or the city;

(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or statement required to be filed with the director or the city;

(3) The motor vehicle or pedestrian movement is such that the use of the equipment would constitute a substantial and unreasonable interference to traffic or pedestrian safety.

(Ord. 790 § 3 (part), 1999)

Fees for permits regulating amplified sound will be on a per diem basis as designated by city council resolution, and the permit will designate the specific effective dates of such permit.

(Ord. 790 § 3 (part), 1999)

The use or operation of sound amplifying equipment is subject to the following restrictions and prohibitions:

(a) The use or operation of sound amplifying equipment is prohibited between the hours of 8:00 p.m. to 9:00 a.m. of the next succeeding day;

(b) No sound emanating from sound amplifying equipment shall exceed fifteen db above the ambient sound level as measured at any property line;

(c) The volume of sound will be controlled by the permittee so that it will not be substantially and unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility;

(d) The only sounds permitted to be amplified shall be either music or human speech, or both.

(Ord. 790 § 3 (part), 1999)

A violation of any of the provisions of this chapter is a misdemeanor which is punishable by the general penalty of Section 1.08.040 of this code.

(Ord. 790 § 3 (part), 1999)