Napa County Municipal Code Ch. 5.32 Mobile Public Address Systems

As used in this chapter, the term "mobile public address sound system equipment" means any device or contrivance which meets the following criteria:

A. Is used or designated to be used to amplify the human voice, music or other sounds; and

B. Is used or designed to be used by hand or in or upon any vehicle, trailer or movable device; and

C. Is powered by mechanical or electrical or any other means; and

D. Is not used solely for the purpose of repelling birds or animals from agricultural crops.

(Prior code § 8150)

No person shall use any mobile public address sound system equipment in the county unless permission therefor shall have first been obtained from the county. If the mobile public address system equipment is to be used in connection with a use or activity for which a use permit, site plan review, temporary event license, or special event license is required, application for permission to use the mobile public address sound system equipment shall be made as part of the application for, and shall be processed in accordance with the procedures applicable to, such permit, review, or special event license, and no additional fee shall be required. The procedures and standards set forth in this chapter shall apply only when the mobile public address sound system will not be used in connection with an activity for which a use permit, site plan review, temporary event license, or special event license is required.

(Ord. 1052 § 10 (part), 1993: prior code § 8151)

A person seeking issuance of a mobile public address sound system equipment permit (hereafter referred to as "permit") under the procedures set forth in this chapter shall file an application with the sheriff.

A. Filing Period. An application for such permit shall be filed with the sheriff no less than fifteen nor more than thirty days before the date on which it is proposed to use such equipment.

B. Contents. The application for such permit shall set forth the following information:

1. The name, address and telephone number of the person or persons submitting the application, including a business or residence address and telephone number, if different, where the applicant can be reached within twenty-four hours;

2. If the equipment is proposed to be used for or on behalf of a person other than the applicant, then the name, address and telephone number of such person, including the name, address and telephone number of the associates, partners or corporate officers thereof as appropriate;

3. The name, address and telephone number of the person or persons who will be operating the equipment and who will be responsible for such operation;

4. The type, nature and description of the sound amplifying equipment to be used, including the maximum decibel level and length of time at which the equipment is proposed to be operated;

5. The type, nature and description of the vehicle, trailer or movable device proposed to be used;

6. The date and place or places the equipment is proposed to be used and, if the equipment is to be used on private property in whole or in part, the names and addresses of the owners of all assessor's parcels located adjacent to, or if not adjacent to, within three hundred feet of, the outer boundaries of the private property on which the equipment is to be used;

7. The reason or purpose for which such equipment is to be used;

8. The route to be traveled, the starting point and termination point, if any;

9. The hours when such equipment is proposed to be operated;

10. Any additional information which the sheriff shall find reasonably necessary to a fair determination of whether, and if so, what conditions are to be attached to the issuance of such permit.

(Ord. 1052 § 10 (part), 1993: prior code § 8152 (a), (b))

Fee. There shall be paid at the time of the filing of the application for a mobile public address sound system equipment permit that fee established by resolution of the board of supervisors.

(Ord. 1052 § 10 (part), 1993: Ord. 906 § 27, 1989; Ord. 837 § 6, 1987; prior code § 8152 (d), (e))

The sheriff, where good cause is shown therefor, shall have the authority to consider any application under this chapter which is filed less than fifteen days before the date such mobile public address sound system equipment is proposed to be used.

(Ord. 1052 § 10 (part), 1993: prior code § 8152 (c))

Each permit shall state the following information:

A. The time or times within which such equipment may be used;

B. The place or places whereat such equipment may be used;

C. The minimum and maximum speed of the vehicle transporting such equipment, if any;

D. The streets, roads, highways, alleys or thoroughfares, or parts thereof, that may be traversed by the vehicle carrying such equipment;

E. The name of the person who will be operating the equipment and who is responsible for such operation;

F. The maximum permitted decibel level and duration of operation of the equipment;

G. Such other information or conditions as the sheriff shall find necessary to the enforcement of this chapter.

(Ord. 1052 § 10 (part), 1993: prior code § 8156)

Within five calendar days after an application is received, the sheriff shall issue or deny the permit. When issuing such permit, the sheriff shall impose such conditions relating to time, place and manner of use of the equipment (including maximum decibel level and duration of use) as he deems necessary to ensure that the use of the equipment shall not interfere with the safety of pedestrian and vehicular traffic, including safety and emergency equipment. The sheriff shall deny the permit only if he determines that there is no feasible way to operate the equipment in the time, place and manner requested or agreed to by the applicant without interfering with the safety of pedestrian and vehicular traffic, including safety and emergency equipment.

(Ord. 1052 § 10 (part), 1993: prior code § 8153)

The applicant or any aggrieved person, including, but not limited to, any county officer, department, board or commission affected by the permit, shall have the right to appeal to the board of supervisors of the county denial of issuance of the permit or any requirements imposed as conditions of issuance of the permit. The appeal shall be conducted pursuant to the procedures set forth in Chapter 2.88, except that the written notice of the appeal shall be served upon the clerk of the board of supervisors within three calendar days after the action of the sheriff that is complained of. The board may hear additional evidence and may sustain or modify or reverse the decision of the sheriff consistent with the standards set forth in Section 5.32.070. The decision of the board shall be rendered immediately following the hearing and shall be final and not subject to reconsideration.

(Ord. 1052 § 10 (part), 1993: Ord. 912 § 13, 1989: prior code § 8154)

(Ord. No. 1465, § 17, 12-15-2020)

Immediately upon the issuance or denial of a mobile public address sound system equipment permit, the sheriff shall send notice thereof, including a copy thereof in the case of issuance to the following:

A. The chairman of the board of supervisors;

B. The district attorney;

C. The fire chiefs of the affected area;

D. The director of the department of public works;

E. The director of planning, building and environmental services;

F. Any other county official or department head whose area of responsibility will be affected thereby;

G. The applicant at the address set forth in the application;

H. The California Highway Patrol if the equipment will be used on any state or county road or highway.

(Ord. 1052 § 10 (part), 1993: prior code § 8155)

(Ord. No. 1379, § 16, 1-29-2013)

A. A permittee hereunder shall comply with all directions and conditions of the permit and with all applicable laws and ordinances.

B. Possession of Permit. The permittee or other responsible person designated in the application shall carry the permit upon his person during the period of operation of such equipment and present it for inspection upon demand by a member of the sheriff's department.

C. Cancellation. If any of the conditions of the permit are being violated, the permit may be summarily cancelled by the sheriff who shall notify the permittee of such cancellation by a written notice stating the reasons therefor. In such event all further use of such equipment under such permit shall forthwith cease. In the event of such cancellation, the permittee shall have the right to appeal to the board of supervisors in accordance with the same procedure as for appeal of denial of the permit. In the event that the suspension is reversed by the board of supervisors, the permittee shall have the right to reapply for a permit to use the equipment as described in the original application at any time within the succeeding three hundred sixty-five days, and the fee for such reapplication shall be waived.

(Ord. 1052 § 10 (part), 1993: prior code § 8157)