San Fernando Municipal Code Div. 2 Amplified Sound Permit

(a) The term "sound amplifying equipment," as used in this division, shall mean any machine or device for the amplification of the human voice, music or any other sound.

(b) The use of amplified sound, including the electronically amplified sound, of music, human voice, or other sound on any public street or other public right-of-way is not permitted except under a permit granted by the director. In granting such a permit, the director shall consider the potential of such amplified sound to result in a violation of other sections of this article and shall establish amplifier settings and other limitations on use of such amplified sound as conditions of approval. Such approval shall not consider the information content of the amplified sound, but only its noise level and resulting potential to violate other sections of this article.

(c) No person, without first obtaining a permit from the director, shall use or operate any sound amplifying equipment so as to produce or reproduce sound in such a manner that the sound is plainly audible at a distance of more than 25 feet from the room, stadium, structure or public place in which such sound amplifying equipment is located or use such sound amplifying equipment outside of any structure or public place so as to produce or reproduce sound in such a manner that the sound is plainly audible at a distance of more than 25 feet from the building, structure or vehicle on which such sound amplifying equipment is located. In granting such a permit, the director shall consider the potential of such amplified sound to result in a violation of other sections of this article and shall establish amplifier settings and other limitations on use of such amplified sound as conditions of approval. Such approval shall not consider the information content of the amplified sound, but only its noise level and resulting potential to violate other sections of this article.

(d) An amplified sound permit application shall be submitted to the director 15 calendar days prior to the event, unless otherwise reasonably permitted later by the director. The applicant shall pay an application fee as determined by city council resolution for processing an amplified sound permit application.

(Code 1957, § 14.8; Ord. No. 1593, § 13, 1-19-2010)

If approved, the director shall issue an amplified sound permit to the applicant upon such conditions specified in section 34-69, which permit shall be for such period of time as may be prescribed in the permit.

(Code 1957, § 14.9; Ord. No. 1593, § 14, 1-19-2010)

The application for any amplified sound permit shall be in writing and filed with the city clerk and shall state the following:

(1) The name and home address of the applicant.

(2) The address of the place of business of the applicant.

(3) The name and address of the person having direct charge of the sound amplifying equipment desired to be used.

(4) The purpose for which the sound amplifying equipment will be used.

(5) The address and type of place where such sound amplifying equipment will be used.

(6) The hours during which such sound amplifying equipment will be used.

(7) The proposed days and number of days of the operation.

(8) A general description of the sound amplifying equipment which is to be used.

(9) The maximum sound producing power of the sound amplifying equipment to be used, and:

a. The wattage to be used.

b. The approximate maximum distance for which sound will be thrown from the room, stadium, structure, public place or lot in or on which such sound amplifying equipment will be located.

(Code 1957, § 14.10; Ord. No. 1593, § 15, 1-19-2010)

All permits issued for the use of sound amplifying equipment shall be issued subject to the following conditions:

(1) Such sound amplifying equipment shall not be used between the hours of 12:00 a.m. and 7:00 a.m.

(2) Sound from such sound amplifying equipment shall not be cast such a distance that it will interfere with or disturb the occupants of any hospital, sanitarium, school, church, courtroom, place of residence or public assemblage.

(3) Such sound amplifying equipment shall be used only in accordance with and in compliance with the statements set forth in the application for the permit.

(4) Such other conditions as the director may determine and impose in the permit for compliance with the provisions of this article.

(Code 1957, § 14.11; Ord. No. 1593, § 16, 1-19-2010)

Within five calendar days after the director's decision to deny an amplified sound permit application, the director shall mail notice of the denial to the applicant at the address shown upon the application. The written notice shall state the date of denial, the reason(s) for denial, and the applicant's right to an appeal hearing pursuant to section 34-71.

(Ord. No. 1593, § 17, 1-19-2010)

(a) Any person aggrieved by any determination, interpretation, decision, judgment or similar action taken by the director under this division may appeal such action to the city council. The appeal shall be filed with the city clerk within five calendar days following the date of action on an amplified sound permit application. Appeals shall be accompanied by the filing fee as determined by city council resolution.

(b) Within five calendar days after the city clerk's receipt of the appeal filing, the director shall mail notice of the date and time of an appeal hearing to the appellant at the address shown upon the appeal filing and to the applicant, if different. The notice shall be mailed at least ten calendar days prior to the hearing date.

(c) The council may approve, approve with conditions, or disapprove the amplified sound permit application and shall render its decision within five calendar days after the conclusion of the appeal hearing. The city clerk shall mail notice of the decision and the reason(s) for the decision to the appellant and to the applicant, if different. The decision of the city council is final.

(Ord. No. 1593, § 18, 1-19-2010)