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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