Chapter 10.32 — SOUND-AMPLIFYING EQUIPMENT6

As used in this chapter:

“Sound-amplifying equipment” means any machine or device for the amplification of the human voice, music or any other sound. Sound-amplifying equipment shall not be construed to include electronic devices, including but not limited to radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or which are used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed.

“Sound truck” means any vehicle having mounted thereon or attached thereto any sound- amplifying equipment. (Ord. 95-38 § 4 (part), 1995)

No person shall use or cause to be used any sound-amplifying equipment or sound truck with its sound-amplifying equipment in the City without first having applied for and obtained a permit from the Administrative Services Director as provided in this chapter. (Ord. 95-38 § 4 (part), 1995; Ord. 2025-37, 1/13/2026)

Applications for permits for the use of sound-amplifying equipment or sound trucks shall be filed with the Administrative Services Department on forms supplied by the City. The application shall contain the following information:

A. Name and home address of the applicant;

B. Business address of the applicant;

C. If the application is for the use of a sound track, it shall contain the names of the legal and
registered owners of the sound truck, and the year, make, and license number of the truck;

D. The address or location where the sound amplifying equipment is to be used; or, if the
application is for a sound truck, then a general statement as to the section or sections of the
City in which the sound truck will be used;

E. The name and address of the person who will have direct charge of the operation of the
sound-amplifying equipment or sound truck;

F. The purpose for which the sound-amplifying equipment or sound truck will be used;

G. The proposed hours of operation of the sound-amplifying system or sound truck;

H. The number of days of proposed operation of the sound-amplifying equipment or sound

6. Prior history: 1949 Code §§ 4500—4508; Ords. 1084, 1361, 1645 and 1691.

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City of Newport Beach, CA § 10.32.030 OFFENSES AND NUISANCES § 10.32.040

truck;

I. A general description of the sound-amplifying equipment to be used;

J. The maximum sound-producing power of the sound-amplifying equipment to be used,
including:

1. The wattage to be used,

2. The volume in decibels of the sound which shall be produced,

3. The approximate maximum distance sound will be projected from the sound-
amplifying equipment.
(Ord. 95-38 § 4 (part), 1995; Ord. 2025-37, 1/13/2026)

A. Upon receiving a complete application for a permit for the use of sound-amplifying equipment or a sound truck, the Administrative Services Director shall conduct an investigation within 10 days of receipt of a complete application to determine whether to approve the application. Unless the application is denied pursuant to subsection (B) of this section, the Administrative Services Director shall approve or conditionally approve the application for a permit if it is determined that all the requirements of this chapter are met and if it appears from the information contained in the application and such additional information as may be presented to the Administrative Services Director that the proposed use of the sound-amplifying equipment or sound truck complies with the regulations contained in § 10.32.060. The permit shall be nontransferable and valid for a period not to exceed six months.

B. Denial of Application. An application for a permit for the use of sound-amplifying
equipment or a sound truck may be denied under any of the following circumstances:

1. The City has revoked a permit obtained by the applicant pursuant to § 10.32.080
within 18 months of the date of the application for a permit under this chapter;

2. The applicant has received a citation for violating Chapter 10.28, this chapter or
Chapter 10.66 within 18 months of the date of the application for a permit under this
chapter; or

3. The City has issued a citation under Chapter 10.28, this chapter or Chapter 10.66 to
the address or location where the sound-amplifying equipment or sound truck is
sought to be used by the applicant within 18 months of the date of the application for
a permit under this chapter.

C. Specification of Hours. If a permit is granted, the Administrative Services Director shall
specify the hours during which the sound-amplifying equipment or sound truck may be
used after considering the needs of the applicant, the area or areas in which the sound will
be emitted, and the effects of such use on the public's health, safety and welfare.

D. Appeals. Actions by the Administrative Services Director may be appealed by any
interested party to the City Manager by filing a written statement with the City Clerk setting
forth the facts and circumstances regarding the action by the Administrative Services
Director. The City Manager shall notify the appellant and applicant in writing of the time

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City of Newport Beach, CA § 10.32.040 NEWPORT BEACH CODE § 10.32.070

and place of the hearing on the appeal. The hearing on appeal shall be heard and determined by the City Manager within 10 days of receipt of a written appeal. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure § 1094.5. (Ord. 95-38 § 4 (part), 1995; Ord. 2014-5 § 1, 2014; Ord. 2023-22 § 453, 2023; Ord. 2023-22 § 454, 2023; Ord. 2025-37, 1/13/2026)

A. Policy Statement. The City Council makes the following findings:

1. The public beaches adjacent to the waters of the Pacific Ocean and Newport Harbor
are a unique recreational resource which the City holds in trust under a legislative
grant from the State of California.

2. These public beaches are intensively used for swimming, surfing and sunbathing by a
diverse group of people which includes City residents, tourists and persons residing
throughout Orange County and Southern California.

3. The use of sound trucks and sound-amplification equipment by groups and
organizations who wish to hold concerts, meetings or public assemblies on or near
these public beaches is disturbing to the vast majority of the people using the beaches
for recreation and to local residents whose homes are in close proximity to the
beaches.

B. No permit shall be issued for and no person shall use any sound truck or sound-
amplification equipment on any public beach.
(Ord. 95-38 § 4 (part), 1995)

The use of sound-amplifying equipment and sound trucks in the City shall be subject to the following regulations:

A. The only sounds permitted are music and human speech.

B. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, and the
City Hall.

C. The human speech and music amplified shall not be profane, lewd or slanderous.

D. The volume of sound shall be controlled so that it will not be audible for a distance in
excess of one hundred (100) feet from the sound-amplifying equipment or sound truck, and
so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to
persons within the range of allowed audibility.

E. The sound amplifying equipment or sound truck shall not be used between the hours of
eight p.m. and eight a.m.
(Ord. 95-38 § 4 (part), 1995)

Any person operating the sound-amplifying equipment or sound truck shall keep the permit

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City of Newport Beach, CA § 10.32.070 OFFENSES AND NUISANCES § 10.32.090

granted in his possession at all times while operating the equipment or sound truck and shall promptly display the permit to any Police Officer of the City upon request. (Ord. 95-38 § 4 (part), 1995)

A. The Administrative Services Director may revoke any permit issued pursuant to this chapter on any of the following grounds:

1. The sound-amplifying equipment or sound truck has been used contrary to the
regulations contained in § 10.32.060 or the terms of the permit;

2. The applicant has made a misrepresentation of a material fact in the application;

3. The use of the sound-amplifying equipment or sound truck results in traffic
congestion, or threatens public traffic safety.

B. Notice of the revocation shall be given to the permit holder in writing. If the notice is
personally served upon the permit holder, it shall be effective immediately upon service. If
the notice of revocation is delivered by mailing, it shall be effective on the third day
following the deposit of the notice in the United States mail. The permit holder may appeal
the action of the Administrative Services Director to the City Manager by filing a notice of
appeal with the City Clerk within 10 days after the effective date of the revocation. If a
notice of appeal is not filed within the 10 day period, the revocation shall become final.
(Ord. 95-38 § 4 (part), 1995; Ord. 2025-37, 1/13/2026)

The provisions of this chapter shall not apply to the use of sound trucks or sound-amplifying equipment in conducting the following activities:

A. Any activity conducted on public property, or on private property with the consent of the
owner, by any public entity, or its officers, employees, representatives, agents,
subcontractors, permittees, licensees, or lessees, which is consistent with, and in
furtherance of, the governmental functions or services the public entity is authorized, or
responsible, to perform. Activities which are exempt from the provisions of this chapter
include, without limitation, sporting and recreational activities which are sponsored or co-
sponsored by the City of Newport Beach or the Newport Mesa Unified School District;

B. Activities conducted on property of churches or private clubs where the sound is confined
within the boundaries of such property;

C. Licensed sightseeing or excursion vessels operating on the waters of Newport Harbor;

D. Activities conducted within the boundaries of City-licensed amusement centers where the
sound is confined within the boundaries of such amusement centers;

E. Activities regulated by a use permit or other land use control under the provisions of Title
20, planning and zoning;

F. Activities regulated by a special events permit under the provisions of Chapter 11.03,
special events.
(Ord. 95-38 § 4 (part), 1995)

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City of Newport Beach, CA § 10.36.010 OFFENSES AND NUISANCES § 10.36.030