5941ORDINANCE NO.5941
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 6.72 OF TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE IN ITS ENTIRETY RELATING TO AMPLIFIED SOUND
THE CITY COUNCIL. OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That Chapter 6.72 of Title 6 of the Anaheim Municipal Code be, and the same is hereby,
amended in its entirety to read as follows:
"Chapter 6.72
AMPLIFIED SOUND
6.72.010 PURPOSE.
This City 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 certain uses of
sound amplifying equipment are protected by the constitutional rights of freedom of speech and
assembly, the City 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 raucous noise.
6.72.020 REGULATION OF AMPLIFIED SOUND.
Notwithstanding the provisions of Chapter 6.70 of this code, it shall be unlawful for any person
to use or operate, or cause to be used or operated, within the City of Anaheim any sound amplifying
equipment in a fixed or movable position, or mounted upon any vehicle, except when used or
operated in compliance with the following provisions:
.010 In all residential zones and within two hundred feet of any boundary thereof, no sound
amplifying equipment shall be operated or used for commercial purposes at any time except sound
amplifying equipment may be used for commercial purposes upon a moving vehicle between the
hours of 8:00 a.m. and 8:00 p.m. to announce the presence of such vehicle in an area or location for
commercial purposes provided that such sound amplifying equipment shall not be used during
periods that the vehicle is stopped, parked or otherwise in a stationary position.
.020 In all residential zones and within two hundred feet of any boundary thereof, no sound
amplifying equipment shall be operated or used for noncommercial purposes between the hours of
8:00 p.m. and 8:00 a.m. of the following day.
.030 In all nonresidential zones, except such portions thereof as may be included within two
hundred feet of the boundary of any residential zone, the operation or use of sound amplifying
equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of
the following day.
.040 In all nonresidential zones, except such portions thereof as may be included within two
hundred feet of the boundary of any residential zone, the operation or use of sound amplifying
equipment for noncommercial purposes is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
of the following day.
.050 Sound emanating from sound amplifying equipment shall not be audible to a person of
normal hearing acuity within an enclosed building (other than any building within which the sound
emanates) at a distance in excess of two hundred feet from the sound amplifying equipment.
.060 In no event shall the sound from any sound amplifying equipment be unreasonably loud,
raucous, jarring or disturbing to a person of normal sensitiveness within the area of audibility, or
disturb the peace or quiet of any neighborhood.
.070 It shall be unlawful for any person to operate or use any sound amplifying equipment
within, upon or adjacent to the premises of any hospital, school, or publicly owned or operated arena,
stadium, convention center or auditorium, while in use, in a manner which disturbs, disrupts or
interferes with the conduct of any event, business or activity of any nature then occurring within such
building or premises. Nothing contained in this subsection shall be deemed to prohibit any conduct
which is otherwise prohibited by Sections Penal Code Sections 302 or 403, or any other provision
of state law.
6.72.030 DEFINITIONS.
.010 The word "person" as used herein shall include the singular and the plural and shall
also mean and include any person, firm, corporation, association, club, partnership, society or any
other form of association or organization.
.020 The words "sound amplifying equipment" as used herein shall mean any device used
for the amplification of the human voice, music or any other sound.
.030 The word "zone" as used herein shall mean the zoning designation given to any public
or private property pursuant to the provisions of Title 18 of this Code. Any public or private street,
alley or other right-of-way shall be deemed to have the same zoning designation as the public or
private property immediately contiguous to such street,.alley or right-of-way. Where the property
on each side of a street, alley or right-of-way bears a different zoning designation, each such zoning
designation shall be deemed to extend to the centerline of such street, alley or right-of-way.
K
.040 Nothing contained in this section shall be deemed to permit or authorize any activity
or sound level which is otherwise prohibited by any provision of state law.
6.72.040 EXEMPTIONS FROM CHAPTER.
The following uses of sound amplifying equipment and activities shall be exempt from the
provisions of this chapter:
.010 Vehicle sound systems, radios and similar devices located within or upon any vehicle
to the extent the sound from such devices is regulated by provisions of the Vehicle Code of the State
of California.
.020 Sound amplifying equipment when used and heard only by occupants of the premises
in which the devices are located.
.030 Warning devices on authorized emergency vehicles, or horns or other warning devices
on other vehicles when used for traffic safety purposes or any other device when used by a public
safety officer for official purposes.
.040 Equipment used by any duly authorized facility operator, tenant or lessee as an
integral part of any event at Anaheim Stadium, Arrowhead Pond, Anaheim Convention Center, or
as an integral part of any event or program at any other publicly owned or operated facility.
.050 Equipment and devices used as an integral part of any public or private institutional
use lawfully permitted pursuant to Title 18 of this Code, including but not limited to public and
private educational institutions and places of religious worship.
6.72.050 PENALTY FOR VIOLATIONS.
The first violation of this chapter by any person occurring within any twelve month period
shall be punishable as an infraction in accordance with applicable provisions of the California Penal
Code and the California Government Code. The second and all subsequent violations of this chapter
by such person occurring within any twelve month period shall be punishable as a misdemeanor."
SECTION 2. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall
in any manner affect the prosecution for violations of ordinances, which violations were committed
prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and continuations, and not as new enactments.
3
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph,
sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be
invalid, such invalidity shall not affect the validity or enforcement of the remaining portions of this
ordinance; it being the intent of the Council that it would have passed all other portions of this
ordinance, independent of the elimination of any such portion as may be declared invalid.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 24 rh day of qua„ s t , 2004, and thereafter passed and
adopted at a regular meeting of said City Council held on the 14th day of CP= tamper
2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Tait, Hernandez, McCracken
NOES: none
ABSENT: none
ABSTAIN: none
OAF
53931.7
4
CITY OFAHE
By 16
MAYOR OF THE C ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
} ss.
County of Orange }
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the aboN e -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
September 23, 2004
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct
Executed at Santa Ana, Orange County,
California, on
Date: September 23. 2004
— 7
1 Signature
Anaheim Bulletin
62515. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
t
This space is for the County Clerk's Filing Stamp
V
STION
SP 5941
AN OFONANCE OF THE CRY OF _ 1NQ
CORS ENTIRE RRE TMI(3 TO ND
this ordinancenwikes the following changes to rides 6 of
the Anahelrt Murrto�nai Code:
Proofof] M3 41
m. ally �`st�r Of =�a rPly
prohl9Md._ Ths aincd 0iffi* rare
such eauiodnard In rYfden" ZWM an=� Met d
be
ad to to Ion Of R a m m 7:w p.m. T% me orae
Wane. the hours for tits ues of such
equi to thehouaa of 8:00 am. lo 0-00 p.m. daily.
3.TM kxarerR ord4ternos the use of sound am -
Pik sYMiEtifraiQrwai l ra 0 a m. to00 p—.m.
daily. No talsnga la p aposed In t* reeiriciiian.
4.Thell, I currentMnL=%M! of sound am
Pim � '' tobol to 10
p.m. d dianpe'roposed loads nrstrictpn.
5. The ordinanoe mviYa tits Ilett don to pravids tut
the ampNMd sorand a" not be at00&4o a peraah of nor -
mai hsriring aad�t'witlilt an an I b0� a a dfr�nw
in e>«xY doff 2D0 feart aim the
6. The ordinance provides 8nt this smpdfied squndshall
not disturb the phos and qufat of any and
othsrwuw revises the current lahg ng +d rau-
cow. iar* rh dl�a�firrg sokrrds cslrNorm io legal dmi-
tetione eatd n dedebhs.
7. Theaaet ordA me omMbitedtw we cal sautd Wn*
owned O
dtorkan,
hibim wind phioh dialLOw d or adslsres with
the of may event. business or act�vty okxxierirtp witR
in a or an floe premises ol e'ny aaii the atoramen•.
tiorrad or any school
8. The ordinance amends ural srfonnsts are Chapter to
exclude from ft Nmi�dona arty or device used:
(a) by a ptdiNc sally olflox 16r (b) by an
open .W our as Part of n any or of Masdxe
Pond, ailslm Comrantlah Carrier or Y an
any evwtt or program at any other
or (c) se rn irlsgnt t�4iI kst few Us*,
including educadonal and Places of retgious
worohiP.
9.The ordinance defines the zone boundaries for pur-
poses of r eta to be measured to the cwt4artne of
any public
sees.
10. The ordinance does not m any ac* tw oth
or
pt
from vehicle, lfton 60 fae uoLd--
side the vetilcle.)
11. The ordlti rm providos Md q* Ant violation by
mrY person' tin sny 1plelve rpt p ��o h,
abN Y -an Infraction. The Ycnxtd
tions by such person wth said month period would
bepunisimisisasambdernesnor. .
do
AYES: , f �ndez, TXa`T*ers: McCracken,
NOES: None
ASSENT: Nouse
The above summety isa brief description of the NUMOM ma
on as a subedturs for ars 11c rase analis orekYsrfoa.
cnarge rot mecopy. -
PubYMgt tMlh
ORDINANCE NO. 5941
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.72 OF TITLE 6 OF THE
ANAHEIM MUNICIPAL CODE IN ITS ENTIRETY RELATING TO AMPLIFIED SOUND
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS:
fiOTION 1.
That Chapter 6.72 of Title 6 of the Anehn' ;
read as follows: Municipal Code be, and the same is hereby, amended in its entirety to
Chapter 6.72
AMPLIFIED SOUND
6.72.010 PURPOSE.
This City Council enacts this INisli tion for the sole purpose of securing and ng the public health, comfort,
safety end welfare of its cltizenry. Wfifiile recognizing that certain usse of sound equipment are protected by the
constitutional rights of freedorn of speech and assembly, the City Councilneverthiel s, Is obligated to reasonably
ulate the use of sound am iifying equipment in order to protecf the correlative consfitutional rights of the citizens of Nis
community to privacy and freedom from public nuisance of bud and raucous noise.
6.72.020 REGULATION OF AMPLIFIED SOUND.
Notwithstanding the provisions of Chapter 6.70 of this code, it shall be unlawful for an person to use or operate, or
cause to be used or operated, within the City of Anaheim an sound amplifyin. p equ�t In a fixed or movable position,
or mounted upon any vehicle, except when used or operated in compliance N, the ng provisions:
.010 In all residential zones and within two hundred feet of any boundary thereof, no sound amplifying ipment
shah be operated or used for commercial purposes at any time except sound a!
to ing equipment may be used or com-
mercial purposes upon a moving vehicle between e hours of 8:00 a.m. and 8:0000 p.m. to announce the presence of such
vehicle in an area or location for commercial purposes provided that such sound amplifying equipment shall not be used
during periods that the vehicle is stopped, parked or otherwise in a stationary position.
020 In all residential zones and within two hundred feet of any boundary thereof, no sound amplifying equipment
shall be operated or used for noncommercial purposes between the hours of 8:00 p.m. and 8:00 a.m. of the following
day.
030 In all nonresidential zones, except such portions thereof as may be included within two hundred feet of the
boundary of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibit-
ed between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
boun040 In all nonresidential zones, except such portions thereof as may be included within two hundred feet of thme
dary of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is pro-
hibfted between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
050 Sound emanatl from sound amplddyyk� equipment shell not be audible to a person of normal hearing acuity
within an enclosed building Mian any buildMggwftlhin which the sound emanates) at a distance in excess of two hun-
dred feet from the sound amplifying equipment.
060 In no event shall the sound from any sound amplifying equipment be unreasonably bud, raucous, jarring or
disturbing to a person of normal sensitiveness within the area of audibility, or disturb the peace or quiet of any
neighborhood.
070 It shall be unlawful for any person to operate or use any sound amplifying equipment within, upon or adjacent
to the premises of any hospital, sdtool, or publicly owned or operated arena, stadium, convention center or auditorium,
while in use, in a manner which disturbs, disrupts or interferes with the conduct of any event, business or acUv. of any na-
lure then xcurring within such building or promisee. Nothing contained in this subsection shall be deemed to prohibit
any conduct which is otherwise prohibited by Sections Penal Code Sections 302 or 403, or any other provision `f state
law.
6.72.030 DEFINITIONS.
010 The word "person" as used herein shall include the singular and the plural and shall also mean and include
any person, firm, corporation, association, club, partnership, society or any other form of association or organization.
020 The words "sound amplifying equipment" as used herein shall mean any device used for the amplification of
the human voice, music or any other sound.
030 The word "zone" as used herein shall mean the zoning designation given to any public or private pro rty pur-
suant to the provisions of Title 18 of this Code. Any public or private street, alley or offer right-of-way, shall be deemed to
have the sane zoning designation as the public or private property immediately, contiguous to such strest,.alley or right-
of-way. Where the property on each side of a street, alley or right-of-way bears a different zoning designation, each such
zoning designation shall be deemed to extend to the centerline of such street, alley or right-of-way.
.040 Nothing contained in this section shall be deemed to permit or authorize any activity or sound level which is oth-
erwise prohibited by any provision of state law.
6.72.040 EXEMPTIONS FROM CHAPTER.
The following uses of sound amplifying equipment and activities shall be exempt from the provisions of this chapter:
.010 Vehicle sound systems, radios and similar devices located within or upon any vehicle to the extent the sound
from such devices is regulated by provisions of the Vehicle Code of the State of California.
020 Sound amplifying equipment when used and heard only by occupants of the premises in which the devices are
located.
030 Warru gg devices on authorized emergency vehicles, or horns or other warning devices on other vehicles when
used for traffic safneiy purposes or any other device when used by a public safety, officer for official purposes.
040 Equipment used by any duly authorized facility operator, tenant or lessee as an integral part of any event at
Anaheim Stadium, Arrowhead Pond, Anaheim Convention Center, or as an integral part of any event or program at any
other publicly owned or operated facility.
050 Equipment and devices used as an integral part of any public or private institutional use lawfully permitted pur-
suant to Title 18 of this Code, including but not limited to public and private educational institutions and places of religious
worship.
6.72.060 PENALTY FOR VIOLATIONS.
The first violation of this chapter by any person occurrinr�gg within any twelve month period shall be punishable as an in-
fraction in accordance with applicable provisions of the California Penal Code and the California Government Code. The
second and all subsequent violations of this chapter by such parson occurring within any twelve month period shall be
punishable as a misdemeanor."
tltCTpN L SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be con-
strued as a waiver of any license or or to panel provisions applicable to any violation thereof. The provisions of
this ordinance, insofar as are sulthe same as ordinance provisions previously adopted by the City relating
to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
WO Of A SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, parag h, sentence or word of this
ordinance of the Code, hereby adopted, be declared for arty reason to be invsiid, such invel ry shall not affect the validi-
ty or onforcoment of the remaining porilerro of this ordinarnoe; It being the intent of the Council that it would have passed
all other portions of this ordinance, independent of the elimination of any such portion as may be declared invalid.
THE FOREGOING ORDINANCE was introduced at • regular meeting of the City Council of the Cof Anaheim held
on the 24th ray of August, 2004, and thereafter passed and adopted ata regular meeting of said City kuncil held on the
14th day of September, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Tait, Hernandez, McCracken
NOES: none
ABSENT: none
ABSTAIN: none
ATTEST: gCIITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM
PobW644neheim Bulletrt September21.XWI 25-938 6368212