Sausalito 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, under some circumstances, 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. 783 Art. V § 1, 1972)

It is unlawful for any person to install, use or operate within the City, except within a completely enclosed building, a loudspeaker or sound amplifying equipment in a fixed or movable position or upon any sound truck for any commercial purpose.

(Ord. 783 Art. V § 2, 1972)

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 any noncommercial purpose by giving instructions, directions, talks, addresses, lectures, or transmitting music to any person or assemblages of persons 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.

(Ord. 783 Art. V § 3, 1972)

A. Filing. Every user of sound amplifying equipment for a noncommercial purpose shall file a registration statement with the City Manager 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 sound amplifying equipment;

2. 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;

3. The license number of a sound truck if a sound truck is to be used;

4. A general description of the sound amplifying equipment which is to be used.

B. Statement Approval. The City Manager shall return to the applicant an approved copy of the registration statement unless he or she finds that:

1. The conditions of motor vehicle movement are such that, in the opinion of the police chief, 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 registration statement required reveals that the applicant would violate the provisions set forth in this article or any other provision of this chapter.

C. Disapproval. In the event the registration statement is disapproved, the City Manager shall endorse upon the statement his or her reasons for disapproval and return it forthwith to the applicant.

(Ord. 783 Art. V § 4, 1972)

The 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 9:00 a.m. and 7:00 p.m. each day, except on Sundays and legal holidays. The operation of sound amplifying equipment on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 7:00 p.m.

C. The volume of sound shall comply with SMC § 12.16.040.

D. Notwithstanding the provisions of subsection C of this section, sound amplifying equipment shall not be operated within 200 feet of churches, schools, or City buildings.

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.

(Ord. 783 Art. V § 5, 1972; Ord. 1290 § 1, 2022)