Article III — Vehicles

• (A) Defined. A "pandemoniac motor vehicle" is a motor vehicle of any appearance, performance or capability, designed, constructed or operated in such a manner as to create audible noise related to tire friction by accelerating said vehicle.

• (B) Prohibited. It is unlawful for any person to operate a pandemoniac motor vehicle on any street or in any other place within the City.

• (C) Exemption. This section shall not apply to an area expressly designated by ordinance or resolution as a "raceway" or "dragstrip."

• (D) Penalty. A first violation of this section shall constitute an infraction with a maximum penalty of $25.00. Upon execution by the suspect of a written promise to appear, said suspect may be released from custody. A second and subsequent violation of this section shall be a misdemeanor.

(Prior code § 27.24)

It is unlawful for any person within any residential area of the City to repair, rebuild or test any motor vehicle in such manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.

(Prior code § 27.25)

It is unlawful for any person to operate any motor-driven vehicle within the City in such a manner that a reasonable person of normal hearing sensitivity residing in the area is caused discomfort or annoyance. Motor vehicles shall not exceed the noise levels set forth and provided for in Section 23130 of the California Vehicle Code.

(Prior code § 27.26; Ord. 3238 § 29, 1996)

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City of Santa Rosa, CA § 17-16.160

ENVIRONMENTAL PROTECTION

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 soundamplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of soundamplifying 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. (Prior code § 27.30)

The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations.

• (A) The only sounds permitted shall be either music or human speech, or both.

• (B) The operation of sound-amplifying equipment shall only occur between the hours of nine a.m. and six p.m. each day except on Sundays and legal holidays. No operation of soundamplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10 a.m. and six p.m. The City Manager or his or her designee may waive the provisions of this subsection upon a determination that a particular event will not cause an unreasonable disturbance to neighboring uses.

• (C) Sound level emanating from sound-amplifying equipment shall not exceed 15 decibels above the ambient base noise level.

• (D) Notwithstanding the provisions of subsection (C), sound-amplifying equipment shall not be operated within 200 feet of churches, schools or hospitals (see Section 17-16.100).

• (E) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.

(Prior code § 27.35; Ord. 2472 § 1, 1985; Ord. 3238 § 30, 1996)

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 purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of person in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof as set forth in this article. (Prior code § 27.31)

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City of Santa Rosa, CA

SANTA ROSA CODE

§ 17-16.190

§ 17-16.210

• (A) Registration Statements—Filing. Every user of sound-amplifying equipment shall file a registration statement with the Police Department three days prior to the date on which the sound-amplifying equipment is intended to be used, which statement shall contain the following information:

  • (1) The name, address and telephone number of both the owner and user of the soundamplifying equipment;

  • (2) The maximum sound-producing power of the sound-amplifying equipment, which shall be 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;

  • (3) The license and motor number if a sound truck is to be used;

  • (4) A general description of the sound-amplifying equipment to be used;

  • (5) Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes.

• (B) Registration Statements—Approval. The Police Department shall return to the applicant an approved certified copy of the registration statement unless he finds that:

  • (1) The conditions of the motor vehicle movement are such that in the opinion of the Police Chief or his representative use of the equipment would constitute a detriment to traffic safety; or

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

  • (3) The registration statement required reveals that the applicant would violate the provisions set forth in Section 17-16.170 or any other provisions of this code.

• (C) Disapproval. In the event the registration statement is disapproved, the Police Chief or representative shall endorse upon the statement his or her reasons for disapproval and return it forthwith to the applicant.

(Prior code § 27.32)

Should any applicant for a permit pursuant to this chapter be dissatisfied with the action of the City Police Department not to grant a permit or for the revocation of a permit, then the applicant may make written objection to the Council of the City, setting up the grounds of dissatisfaction. Upon receipt of such objection, the Council shall set the matter for hearing at its next regular meeting, giving written notice thereof to the applicant. Upon such hearing, the City Council may sustain, suspend or overrule the decision of the Police Department and its decision shall be final and conclusive. Pending the hearing before the Council, the decision of the Police Department shall remain in full force and effect and any reversal thereof by the City Council shall not be retroactive, but shall take effect as of the date of the Council's decision. (Prior code § 27.33)

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City of Santa Rosa, CA § 17-16.210

ENVIRONMENTAL PROTECTION

§ 17-16.210

Prior to the issuance of the registration statement, a fee in the amount of five dollars per day, or any portion thereof, shall be paid to the City if the loudspeaker or sound-amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound-amplifying equipment for noncommercial purposes. (Prior code § 27.34)

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City of Santa Rosa, CA § 17-22.010

ENVIRONMENTAL PROTECTION