Soledad Municipal Code Ch. 9.12 Outdoor Use of Sound Equipment

It is unlawful for any person to operate or cause to be operated in the city any sound reproduction or broadcasting equipment in such a manner as to cause sound to be projected therefrom outside of any building or out of doors, without first securing a permit to do so, as provided in this chapter.

(Ord. No. 699, § 3, 3-2-2016)

A. Application for a permit under this chapter shall be filed with the chief of police and shall state the following:

1. The name and address of the person or organization applying for a permit;

2. The date or dates on which the equipment will be used, and the proposed hours of use;

3. The location or locations in which the equipment will be used;

4. The type of equipment to be used;

5. The requested duration of the permit—i.e. for a single event or a longer period of time.

B. The chief of police, and/or his/her designee, may deny the permit application for any of the following reasons:

1. The applicant has been convicted of a violation of Code Section 9.09.020 or any other crime related to disturbance of the peace within the past three years or has been found civilly liable for the creation of a public or private nuisance by means of unreasonably loud or disturbing noise.

2. The applicant has knowingly made false statements in the application.

3. The proposed location(s) and/or time(s) for the use of the sound reproduction or broadcasting equipment, or other similar equipment, would be likely to create a violation of Section 9.09.020 without any mitigating circumstances or conditions.

C. The permit shall only be issued after payment of the permit fee set forth in the schedule of fees established by resolution of the council.

D. The chief of police and/or his/her designee may set reasonable time, place, manner, sound level and duration restrictions on the use of sound reproduction and broadcasting equipment, or similar devices, as a condition for the permit. The permit shall contain the agreement of the permittee not to amplify the sound from the equipment beyond the degree reasonably required, so as not to interfere with the comfortable enjoyment of life or property in the vicinity, or create a public nuisance.

In no event shall the use of such devices be permitted between 10:00 p.m. and 7:00 a.m. of the following day. In setting such restrictions, the chief may consider, but is not limited to the consideration of the following factors:

1. Proximity of the proposed use to residential neighborhoods, medical facilities, senior facilities and schools;

2. Other proposed applicants who wish to use the same or a nearby area during the same time period;

3. The likelihood that the proposed use will result in a violation of Section 9.09.020;

4. The applicant's history of compliance with the requirements of this chapter during the past three years.

E. The chief of police and/or his/her designee is authorized to summarily suspend a permit at any time if use of the permitted sound reproduction or broadcasting equipment, or similar device, by the permit violates the terms and conditions of the permit or Code Section 9.09.020. The decision to suspend the permit shall take effect immediately.

(Added during 1986 codification)

(Ord. No. 699, § 3, 3-2-2016)

The provisions of this chapter shall not apply to any of the following:

A. Sound reproduction from hand-held equipment for the pleasure and entertainment of the person carrying the equipment; provided, however, that the sound reproduction shall not be amplified beyond a reasonable necessity of such person so as to constitute a violation of Section 9.09.020;

B. Sound reproduction within automobiles for the pleasure and entertainment of the occupants of such automobiles; provided, however, that the sound reproduction shall not be amplified beyond a reasonable necessity of the occupants of such automobiles so as to constitute a violation of Section 9.09.020;

C. The operation of sound reproduction or broadcasting equipment within any dwelling for the pleasure and entertainment of the occupants of such dwelling; provided, however, that the reception shall not be amplified beyond the reasonable necessities of the occupants of the dwelling so as to constitute a violation of Section 9.09.020.

(Ord. No. 699, § 3, 3-2-2016; Added during 1986 codification)

Editor's note— Ord. No. 699, § 3, adopted March 2, 2016, repealed the former § 9.12.030 that pertained to limitations on hours of use and derived from 1986 codification and enacted a new § 9.12.030 as set out herein.

The remedies provided by this chapter are in addition to any other legal or equitable remedies and are not intended to be exclusive.

(Ord. No. 699, § 3, 3-2-2016; Added during 1986 codification)

Editor's note— Ord. No. 699, § 3, adopted March 2, 2016, repealed the former § 9.12.040 that pertained to issuance of permit and derived from 1986 codification and enacted a new § 9.12.040 as set out herein.