Modesto Municipal Code Art. 6 Music in Public Places

A violation of any provision of this article shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this article specifically make such violation a misdemeanor.

(Added by Ord. 1690-C.S., § 2, effective 1-7-78)

It shall be unlawful for any person, whether as owner, principal, employee, servant, agent or guest, to operate or cause or permit to be operated any radio, or to play or permit any music of any kind to be played, or any entertainment of a noisy character to be carried on in any restaurant, cafe, ice cream parlor, drive-in or other place where food or refreshments are served in the City, or any poolroom, billiard hall or other similar place of amusement in the City after the hour of 12:00 midnight and until the hour of 8:00 the following morning. Provided, however, that upon the granting of a permit by the Chief of Police of the City as provided in Section 4-1.602, the time within which music and entertainment is permitted may be extended from 12:00 midnight to 2:00 a.m.

(Ord. 945-N.S., § 1, amended by Ord. 1690-C.S., § 1; and Ord. 1856-C.S., § 1, effective 8-23-79)

The owner or operator of a place of business described in Section 4-1.601 hereof desiring to provide live music or live entertainment after 12:00 midnight up to 2:00 a.m. may apply to the Chief of Police for a permit to do so. The Chief of Police shall thereupon investigate the premises and location thereof and if he finds that said premises are located or constructed in such a manner that the playing of music or presentation of entertainment will not disturb surrounding residents he may grant such permit. Such permit may be revoked by the Chief of Police at any time when the music or entertainment disturbs the peace and quiet or becomes offensive to the surrounding or nearby residents. If such permit is revoked the establishment shall not play or permit music to be played or entertainment of a noisy character to be carried on after the hour of 12:00 midnight.

If the Chief of Police refuses to issue a permit, the applicant within thirty (30) days thereafter may appeal in writing to the Council, which shall hear the matter; and the Council shall either grant said permit or refuse the same if in its discretion it finds that the premises are not a proper place for said music or entertainment. If the Chief of Police revokes a permit, the same right of appeal shall be granted to the applicant.

(Ord. 945-N.S, § 2, amended by Ord. 1856-C.S., § 1, effective 8-23-79)

This article shall not be construed so as to include dance halls or pavilions; provided that no cafe, restaurant or other eating place, the principal business of which is serving food and refreshments, shall be construed to constitute a dance hall or pavilion notwithstanding dancing may be indulged in as an incident thereto. Dancing shall not be permitted in any establishment affected by this article unless a dance permit is obtained as required by other laws of the City.

(Ord. 945-N.S.)

It shall be unlawful for any person, whether as owner, principal, employee, servant, agent, or guest, to operate or cause or permit to be operated any coin-operated commercial-type phonograph or music device, including a jukebox, in or upon any residential property in the City of Modesto. For the purpose of this section, "residential property" means any property in the City of Modesto that is zoned for residential use, as set forth in Title 10 of this Code.

(Added by Ord. 843-C.S., effective 8-16-67)