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City Council Meeting September 13, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTION 4.12.105 OF THE MUNICIPAL CODE CONCERNING AMPLIFIED SOUND WHEREAS, the use of sound amplification can be regulated so that it does not unduly burden the community while providing adequate alternative means of expression; and WHEREAS, the Council desires to limit amplified sound in certain areas so they may be less impacted by excessive sound; and
WHEREAS, limiting amplified sound only in certain areas of the City allows for ample alternative means and areas for expressive activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.12.105 is hereby amended to read as follows:
4.12.105 Restrictions on sound amplifying equipment.
(a) No person shall use or operate sound amplifying equipment on a public sidewalk, street, alley, or parkway located in Noise Zone I after ten p.m. and before seven a.m. on weekdays or eight a.m. on weekends.
(b) No person who is not stationary while using or operating sound amplifying equipment shall use or operate such equipment on a public sidewalk, street, alley, or parkway located in Noise Zone 1 between eight p.m. and ten p.m. (c) If a person who is stationary under subsection (b) uses or operates sound amplifying equipment at the same location or within five hundred feet of that location in Noise Zone 1 on more than two days in any seven-day period, the person shall be limited to using or operating the sound amplifying equipment, whether constantly or intermittently, for no longer than a single forty-five minute period between eight p.m. and ten p.m. on the third through seventh day 2 of 3
during that seven-day period.
(d) Notwithstanding subsections (a) and (b), this Section shall not apply to the use or operation of sound amplifying equipment on a public sidewalk, street, alley, or parkway immediately abutting a property with a commercial use, as set forth in Santa Monica Municipal Code Section 9.51.030(B), in Noise Zone I.
(e) Except as may be provided in an approved Community Events Permit, no person shall use or operate sound amplifying equipment within Ocean View Park or other City property the Council may designate by resolution. Appropriate signage shall be placed to notify the public of the prohibition.
(f) Law enforcement personnel, firefighting personnel, emergency health care providers, and employees, agents, or representatives of the City shall be exempt from the provisions of this Section when engaged in official business of or on behalf of the City.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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Doug Sloan, City Attorney