Rohnert Park Municipal Code Art. V Amplified Sound

The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.

(Ord. 152 § 5.1, 1971)

It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the city a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first obtaining a permit as set forth in Sections 9.44.150 through 9.44.200.

(Ord. 570 § 1, 1992: Ord. 152 § 5.2, 1971)

Every user of sound-amplifying equipment shall file an application for permit to use such equipment with the director of public safety seven days in advance of the date on which the sound-amplifying equipment is intended to be used to allow adequate review of the application and equipment, which application shall contain the following information:

A. The name, address, and telephone number of both the owner and user of the sound-amplifying equipment;

B. The maximum sound-producing power of the sound-amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound-amplifying equipment;

C. The license and motor number if a sound truck is to be used;

D. A general description of the sound-amplifying equipment which is to be used; and

E. For what purpose the sound-amplifying equipment will be used.

(Ord. 570 § 2, 1992: Ord. 152 § 5.3(a), 1971)

A. Approval. The director of public safety shall return to the applicant an approved certified copy of a permit unless he finds that:

1. The conditions of the motor vehicle movement are such that in the opinion of the director of public safety, use of the equipment would constitute a detriment to traffic safety; or

2. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or

3. The application reveals that the applicant would violate a provision set forth in Section 9.44.200, or any other provisions of this chapter.

B. Disapproval. In the event the permit is disapproved, the director of public safety shall endorse upon the application his reasons for disapproval and return it forthwith to applicant.

(Ord. 570 § 3, 1992: Ord. 152 § 5.3(b), 1971)

Any person aggrieved by disapproval of an application may appeal in writing within ten days to the city manager setting forth the reasons for the appeal. The city manager shall consider the appeal within ten days. Failure of the city

manager to act on the appeal within ten days shall be deemed denial of the appeal.

(Ord. 570 § 4, 1992: Ord. 152 § 5.4, 1971)

The use of sound-amplifying equipment for commercial purposes within the city is totally prohibited. The noncommercial use of sound-amplifying equipment shall be subject to the following regulations:

A. The operation of sound-amplifying equipment shall be as stated in the permit.

B. The volume of sound shall be so controlled that it will not be unreasonably audible in excess of two hundred feet from the amplifying equipment as determined by the director of public safety.

C. Notwithstanding the provisions of sub-section B of this section, sound-amplifying equipment shall not be operated within two hundred feet of the buildings of churches, schools, or hospitals.

D. The volume of sound shall be controlled as determined by the director of public safety.

(Ord. 570 § 5, 1992: Ord. 299 § 3, 1975: Ord. 152 § 5.5, 1971)

It is unlawful for any person to activate a legally required amplified warning device on a vehicle being used in construction, daily maintenance or on-site business activities that can be detected without the aid of instruments beyond five hundred feet of the vehicle.

(Ord. 692 § 1, 2002)