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4059I. ORDINANCE NO. 4059 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 6.72 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO AMPLIFIED SOUND. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 6.72 be, and the same is hereby, added to Title .6 of the Anaheim Municipal'Code to read as follows: "CHAPTER 6.72 AMPLIFIED SOUND. 6.72.010 Purpose. The 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 consti- tutional rights of freedom of speech and assembly, the City Council, nevertheless, feels obligated to reason- ably regulate.'the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to -privacy and free- dom 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 equip- ment in a fixed or movable position, or mounted upon any vehicle, except when.used or operated in compliance with the following provisions: .01.0 In all residential -zones and within 20.0 feet thereof, no sound amplifying equipment .shall be installed, operated or used for commercial purposes at any time. .020. The operation or use of sound amplifying equipment for noncommercial purposes in all residential - zones and within 200 feet thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church, is prohibited.between the hours of 7:00 p.m. and 9:00. a.m. of the following day. -1= .03.0 . In all other zones, except .such portions thereof as may be'included within 200. feet -of any residential zone, the operation or use of sound amplifying equipment for commercial pur- poses is prohibited between the. hours of 9:00 p.m. r� and 8:00 a.m. of the following day. .040 In all other. zones, except .such por- tions thereof as may be included within 200 feet -of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of 1000. p.m. and 7:00 a.m. of the following day. .050 The only sounds permitted shall be either music, human speech, or both. .060 Sound emanating from sound amplifying equipment shall be limited in volume, tone and in- tensity as follows: .06.01 The sound shall not be audible at 'a distance in excess of 20.0.feet from the sound equip- ment. .0602 In no event shall the sound be loud and raucous or unreasonably jarring, disturbing, an- noying or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. .070 Except as permitted in Subsection .020 above, no sound amplifying equipment -shall'be opera- ted -upon any property adjacent to. and within 200. feet of any hospital -grounds, publicly owned or oper- ated. stadium, convention center or auditorium, or any school -or church building, while 1n use. 6.72.03.0 Definiti`ons. .010 The word 'person' as used herein shall include the singular and the plural and shall also mean and include any person, firm, corporation, asso- ciation, club, partnership., society or any other form of association or organization. .020 The words 'sound amplifying equipment' as used herein shall mean any machine or device for the amplification of the human voice, music or any other sound. 'Sound amplifying equipment'. as used herein shall not,. however., be construed as including any of the following: -2- .020.1 Automobile radios, tape players and similar devices. when used and heard only by occu- pants of the vehicle in which installed. .0202 Radios, televisions, phonographs, tape recorders and players, musical instrument amplifiers and similar devices when used and heard only by occupants of the premises in which the de- vices are located. .0203. Warning devices on authorized emer- gency vehicles, or horns or other warning devices on other vehicles when used.for traffic safety purposes. .0204 Equipment used by -any duly authorized tenant or lessee as an integral part of any event at Anaheim Stadium." SECTION 2.. SEVERABILITY. The City Council -of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter of the Code, hereby adopted, be declared for any reason to be invalid, it .is the intent of the Council that -it-would have passed all other portions of this chapter independent .of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. The City Clerk shall certify to the passage of .this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its -final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 9th day of October, 1979. jj OR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW : fm -3- PR0 TEM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss:' CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City -Clerk of'the'City of'Anaheim,-do hereby certify that the foregoing Ordinance'No.'4059 was introduced -at a.regular meeting of the'City Council of the City of'Anaheim,-held on'the'2nd day of'October; 1979, and that.the'same was duly -passed and adopted at a regular meeting of said City -Council held. on the 9th-day.of'October, 19799 by.the following vote of'the'members thereof: .' AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the' Mayor Pro -Tem' of the City -.of' Anaheim signed said Ordinance No. 4059 on�the 9th-day.of October; 1979. IN WITNESS WHEREOF, I have hereunto.set'my hand and affixed the official seal of the City of Anaheim this 9th day of Octobeit;.1979. CITY CICERK OF -THE CI 'OF ANAHEIM (SEAL) I, LINDA D.-ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4059 and was published once in the Anaheim Bulletin on the 19th day of October, 1979. r CITY CLERK