Modesto Municipal Code Art. 13 Regulation of Sound Vehicles and Sound-Amplifying Equipment

(Added by Ord. 217-C.S., amended by Ord. 479-C.S., Ord. 2178-C.S., § 1, and Ord. 2604-C.S., § 3, repealed and reenacted by Ord. 2765-C.S., § 1, effective 7-11-91)

(a) Sound Vehicle. "Sound vehicle," as used in this article, means any vehicle having mounted thereon, or attached thereto, any sound-amplifying equipment. "Vehicle," as used in this article, means any device by which any person or property may be propelled, moved, or drawn upon a street or sidewalk, including automobiles, trucks, vans, trailers, wagons, and carts.

(b) Sound-Amplifying Equipment. "Sound-amplifying equipment," as used in this article, means any machine or device used to amplify or project speech, music, or any other sound or tone. Except as excluded below, sound-amplifying equipment includes public address systems; megaphones; bullhorns; phonographs; television; radios; cassette, eight-track, or reel-to-reel tape players; compact disc or laser players; and musical instruments.

Exclusion. "Sound-amplifying equipment," as used in this article, does not include radios, tape players, CD players, or other similar equipment when installed inside a vehicle and audible only to persons seated therein; or radios, tape players, CD players, musical instruments, or other similar equipment if the sound projected by such equipment is audible not more than twenty (20) feet away from such equipment; or warning devices on authorized emergency or traffic safety vehicles.

(Added by Ord. 2765-C.S., § 1, effective 7-11-91)

(a) Permit Required. Except as exempted in subsection (d) of this section, it shall be unlawful to use or operate sound-amplifying equipment in any outdoor location unless a Sound-Amplification Permit covering the activity has been first approved by the City of Modesto. Such permit shall be readily available for inspection by any officer of the City of Modesto during the use of such equipment. The criteria for permit approval or disapproval are found in Section 4-7.1303 of this Code.

Such permit shall not exceed forty-eight (48) hours in duration. However, this time duration may be extended by the City of Modesto for a particular activity if the person requesting such change can demonstrate to the City that the benefit to the general public caused by such extension will be substantially greater than the detriment caused to those in the immediate area who may be negatively affected by the sound due to the proposed extended use.

(b) Responsibility. It shall be the joint responsibility of the property owner upon whose property sound-amplifying equipment is used, the leader of the activity using sound-amplifying equipment, and any person using the sound-amplifying equipment to ensure that all requirements of this article are complied with.

(c) Accuracy of Permit. All information on a Sound-Amplification Permit shall be current and accurate at all times. Permittees shall resubmit their permits for approval or disapproval any time any information is added or changed.

(d) Exemptions.

(1) Subsection (a) of this section does not apply to the amplification of any political message or to any message concerning religion. However, any person desiring to use sound-amplifying equipment in support of such uses shall observe and follow all regulations specified in Section 4-7.1303 of this Code.

(2) This article does not apply to official activities of the City of Modesto, Stanislaus County, the State or federal government, or any school district operating in the City of Modesto.

(3) This article does not apply in any park or facility operated by the City of Modesto.

(4) This article does not apply if the City of Modesto has, by City Council resolution, approved a specific agreement regarding the use of sound-amplifying equipment provided that specific regulations for use are detailed in said agreement.

(e) Penalty. It shall be unlawful and punishable as an infraction for any person to use a sound vehicle or sound-amplifying equipment in violation of any provision of this article, or to allow such use upon their property. Continued failure to comply with all provisions of this article after being notified by any City official or peace officer shall be grounds for summary revocation of a permit issued under this article.

(Added by Ord. 2765-C.S., § 1, effective 7-11-91)

Except as exempted in Section 4-7.1302(d) of this Code, it shall be unlawful to use or operate sound-amplifying equipment in any outdoor location in violation of any of the following regulations. These regulations are enacted to minimize the negative effects of noise on surrounding areas.

(a) The only sounds permitted to be amplified are music or human speech. Amplified music or human speech shall not be obscene.

(b) Sound-amplifying equipment shall be operated only between 8:00 a.m. and 9:00 p.m. However, this time limitation may be modified by the City of Modesto for a particular activity if the person requesting such change can demonstrate to the City that the benefit to the general public caused by such modification will be substantially greater than the detriment caused to those in the immediate area who may be negatively affected by the sound due to the proposed earlier or later use.

(c) Sound-amplifying equipment shall not be operated closer than one thousand (1,000) feet to hospitals, schools when in session, and churches when services are being conducted.

(d) No sound vehicle or sound-amplifying equipment shall be erected, maintained, or operated in any area zoned as residential under the zoning ordinances of this Code, closer than two hundred (200) feet to any such zone, or upon any street or sidewalk within or abutting any such zone. However, this location restriction may be modified by the City of Modesto for a particular activity if the person requesting such change can demonstrate to the City that the benefit to the general public caused by such modification will be substantially greater than the detriment caused to those in the immediate area who may be negatively affected by the sound due to their proximity to the sound.

(e) The sound generated shall be controlled so that its volume level, duration, or character does not annoy, disturb, injure, or endanger the comfort of reasonable persons of ordinary sensibility within the City.

(f) Sound-amplifying equipment shall not be used to broadcast, advertise, or promote any commercial product or service; providing, however, that this restriction does not apply to the broadcast of a commercial advertising message by a commercial radio station or by a commercial television station.

(Added by Ord. 2765-C.S., § 1, effective 7-11-91)