Monterey Municipal Code § 22-17 Noise--permit for use of loudspeakers, amplifiers, etc., -- required

No person, group, organization, corporation, association or partnership shall operate or cause to be operated within the City any amplified noise or sound equipment unless a permit has been obtained from the City Manager or his delegated representative.

The permit application shall be submitted not less than five working days before the date on which the use of the loudspeaker is proposed; provided, that where good cause is shown, such permit application may be considered less than three days prior to the proposed date of use.

The permit application shall be executed on a form supplied by the City and shall contain the following:

a.The name, address, telephone number and other appropriate identification as may be required, of the person or persons or any groups, organization, corporation, association or partnership, and the officers of same which propose to emit amplified noise within the City.

b.The name, address, telephone number and other appropriate identification as may be required, of the person or persons who will actually be engaged in the emission of such amplified noise or sound if different from those above.

c.The proposed time and place for the emission of amplified sound or noise.

d.The length of time proposed for the emission of amplified sound or noise.

e.Such other similar information as the City Manager or his delegated representative shall require to properly regulate the time, place and manner of emission of such amplified sound or noise.

The City Manager or his delegated representative shall issue a permit for emission of amplified noise or sound unless:

a.The loudspeaker is to be utilized for commercial purposes. Commercial purposes as defined herein include any activity done primarily for the purpose of private profit whether such activity resulted in a profit or otherwise. Permits for such amplified sound or noise emission equipment shall be issued only if the City Manager or his delegated representative finds that its use does not unreasonably invade the privacy of, or constitute a nuisance to those who reside, work or otherwise occupy premises in reasonable proximity to the emission of amplified sound or noise or otherwise endanger the health, safety and welfare of the City or its citizens. Once such permit has been issued, it may be revoked upon a finding by the City Manager or his delegated representative that in its operation the amplified sound or noise has become a nuisance or has unreasonably invaded the privacy of those who reside, work, or otherwise occupy the premises in reasonable proximity to the emission, or the emission will in any way endanger the health, safety and welfare of the City or its citizens.

b.The applicant seeks to emit the amplified sound or noise other than between the hours of 9:00 a.m. and 10:00 p.m. Permits which extend the emission of amplified sound or noise outside of those hours shall be issued only if the City Manager or his delegated representative determines that such an emission will not unreasonably invade the privacy of those who reside in or otherwise occupy premises in reasonable proximity to the emission area of operation, or constitute a nuisance as to such persons.

c.The applicant seeks to emit the amplified sound or noise in a residential area of the City, and there is a reasonably alternative means which will not require invasion of the privacy of all of the homeowners or occupiers within such residential area. Residential area as defined here is the area so designated by the zoning ordinance of the City.

A permit hereunder may be revoked if the amplified sound or noise emission constitutes a loud and raucous noise which is offensive to those in reasonable proximity to the amplified noise or sound or which loud and raucous noise is an unreasonable invasion of the privacy of those who reside in or occupy premises contiguous to the area in which the sound or noise is emitted. A permit hereunder may also be revoked if the emission of amplified sound or noise constitutes an impediment to the safe, orderly and free flow of pedestrian or vehicular traffic on the public street or sidewalk; provided, that no permit hereunder shall be revoked until request to lower the volume of noise or sound emission to a reasonable level has been made by an appropriate public official, and such request has been refused or only partially complied with.

The City Manager or his delegated representative shall grant or deny a permit to emit amplified noise or sound within five working days of application. Revocation of a permit shall be done as soon as reasonably possible after grounds for such revocation have been discovered. Upon denial or revocation of a permit to emit amplified noise or sound, the applicant or permittee may appeal to the City Council within 14 days after such revocation or denial. Such appeal may be taken by filing with the City Clerk a written notice of appeal containing a copy of the permit application, a copy of any correspondence between the City and the applicant or permittee, and if the applicant or permittee wishes, a written statement of the position on the denial or revocation. The City Council shall hear such appeal at its earliest opportunity, whether at the next regularly scheduled meeting or otherwise. A written notice shall be given the permittee at least five days prior to the Council meeting at which the appeal is to be heard. No other notice shall be required.

No person shall emit amplified noise or sound within the City without having on his person a valid permit issued as herein specified. No permit authorized under these requirements shall be transferable or utilized by any person who has not complied with all requirements herein specified.

The City Council hereby declares that it is not its intent, by the passage of these requirements to in any way infringe the rights of speech, press and assembly guaranteed by the United States Constitution. Rather, these requirements are designed to reconcile those rights with the co-equal rights of privacy in the home and the free use of the public streets.

The provisions of Sections 22-17 to 22-17.7 shall not apply to private radio sets installed in any private home for the purpose of receiving signals from regularly licensed stations or radio sets utilized for purposes of display in any store where they are sold; provided, that in none of the above situations shall the amplification be beyond the reasonable necessity of the respective uses. Nor shall the provisions of this Section apply to any governmental agency acting within the scope of its discretionary authority.