City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.D
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Modifying SMMC 4.12.105 Concerning Amplified Sound in Ocean View Park
Recommended Action
Staff recommends that the City Council introduce for first reading the proposed ordinance to the City’s amplified sound ordinance, Section 4.12.105 of the Municipal Code, to prohibit amplified sound in Ocean View Park, and potentially other areas Council may specify by resolution.
Summary
In response to resident complaints and a Councilmember Discussion item from September 2021, Staff prepared for Council consideration an ordinance to prohibit amplified sound in Ocean View Park, which is adjacent to residential buildings.
Residents have complained about amplified sound there, typically occurring on Sunday afternoons.
Background
Bands regularly play music in Ocean View Park utilizing sound amplification. Potentially due to the configuration of the improved land and the adjacent residential buildings, the occupants complain the sound level is excessive in their apartments. The bands do accept donations from the public while playing.
Broader ordinance concepts can prohibit all amplified sound without a permit. Many cities handle the issue by requiring permits. However, administration of permitting and 2 of 3
enforcement could be resource intensive for staff, and could lead to legal challenges, as applied to particular circumstances.
Discussion
The First Amendment requires limitations on protected expression, which includes playing music in public, to serve a legitimate purpose, be narrowly tailored, and allow for ample alternative opportunities for expression.
The proposed ordinance does not limit playing music without amplification. The purpose is to avoid the amplified sound from being a regular nuisance to the adjacent occupants.
The ordinance is narrowly tailored as it applies to only one park area out of all the public properties in the City, and therefore also allows for many alternate areas to play music with amplification. Also, even within this park, amplified sound may be authorized pursuant to the terms of a Community Events Permit.
Financial Impacts
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. Enforcement will be done by existing staff and within existing approved budget. The only financial impact would be to enforce the ordinance, which is not expected to be significant. There are other limitations on activities in City parks, which also require resources to enforce, so the incremental costs implementing this ordinance are anticipated to be minimal.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
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Attachments:
A. Proposed Ordinance