McFarland Municipal Code Ch. 12.24 Sound Devices in Public Places

For the purpose of this chapter, the following words and meanings shall have the following meanings:

A. "City" means the city of McFarland.

B. "Person" means all foreign and domestic corporations, associations, syndicates, joint stock companies and/or corporations, partnerships of every kind, Massachusetts, business or common law trusts, and individuals.

C. "Sound device or apparatus" means any radio device or apparatus, or any device or apparatus for the amplification of any sounds from any radio, phonograph or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds.

D. "To use or operate any sound device in, on, near or adjacent to any public street, park or place" means to use or operate or cause to be used or operated any sound device or apparatus in front or outside of any building, place or premises, or in or through any window of any building, place or premises, or doorway or opening of such building, place or premises, abutting on or within one hundred fifty feet of a public street, park or place, or in or upon any vehicle operated, standing or being in or on any public street, park or place, where the sounds therefrom may be heard upon any public street, park or place, or from any stand, platform or other structure, or from any airplane or other device used for flying, flying over the city, or anywhere on the public streets, parks or places.

(Ord. 12 §1, 1957)

It shall be unlawful for any person to use or operate any sound devise or apparatus in or near or adjacent to any public street, park or place, between the hours of 8:00 a.m. and 10:00 p.m., so as to be audible to person of average hearing faculties or capacity at distance of 150 feet from the sound device or apparatus, or between the hours of 10:00 p.m. and 8:00 a.m., the following day, so as to be audible to a persons of average hearing faculties or capacity at a distance of 50 feet from the sound device or apparatus.

(Ord. 12 §2, 1957)

(Ord. No. 277, § 1, 7-11-96)

The provisions of this chapter shall not apply to the operation of any sound devise or apparatus by any school district or any religious or public organization connected with either short-term or historically and regularly held or any short-term event authorized by any kind of a permit or license issued by the city and held between the hours of eight a.m. and eleven p.m.

(Ord. 12 §3, 1957)

(Ord. No. 277, § 1, 7-11-96)

Any persons violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each and every day's continuance of such violation shall constitute a separate offense.

As an additional remedy, any person having been convicted of a noise violation at least twice, may have the sound device or apparatus which is the source of the current violation declared to be a nuisance and may be subject to summary judicial abatement.

(Ord. 12 §4, 1957)

(Ord. No. 277, § 1, 7-11-96)

This section shall not apply to acts proscribed by Section 27007 of the California Vehicle Code, as amended from time to time.

(Ord. No. 277, § 1, 7-11-96)