APPROyED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCILMA
r

CITY

1~
029

ORDINANCE NO

AN

ORDINANCE

ADDING

MUNICIPAL

OAKLAND

SECTION

ATT011N

c.M.s.

309
6.TO THE

CODE, RESTRICTING

THE

AMPLIFICATION EQUIPMENT, AND

REPEALING ALL OAKLAND MUNICIPAL CODE
ORDINANCES AND PARTS OF ORDINANCES IN
OF

USE

p(\
VV

SOUND

HEREWITH.

CONFLICT

A.

DEFINITIONS.

amplifying equipment" as used in this chapter,

or
device for the amplification of the human
voice, music or any other sound. " Sound amplifying equipment"
as
used herein shall not be construed as including such
equipment when used in a normal and reasonable manner in or
about the home, or business, standard automobile radios when
used and intended to be heard only by occupants of the vehicle
in which installed, or warning devices on authorized emergency
vehicles or horns or other warning devices on other vehicles
used only for traffic safety purposes.
Sound

means

machine

any

B.

ISSUANCE

CONDITIONS.

It is unlawful for any person to use or operate or

use or operation of
the
any sound amplifying equipment
permit
indoors when used or operated to reach persons
or
outdoors
ofoutdoors
ofwithout first obtaining a written permit from the
City Manager by submitting an application at least 10 working

days prior to the date of intended use; provided, however,

that permits for the use or operation of sound amplifying equipment in public parks or playgrounds shall be obtained from
the Director of Parks and Recreation.
Such permit shall be
issued unless the permit requested is for a location at which
sound amplifying equipment is prohibited by Subsection ( C),
or is
for a location within a zone of quiet which has been
established as hereinafter provided.
The use or operation of
sound amplifying equipment for which a permit is issued, shall
be subject to the limitations and regulations set forth in
Subsection ( C).
C.

USE

RESTRICTIONS-GENERALLY.

1.

The

volume

shall

be

loud,

raucous,

within

controlled

the

area

2.

so

of

that

sound

from

jarring, disturbing
of audibility.

Sound

sound

said volume
or

amplifying equipment
indoors

amplifying equipment
unreasonably

not

nuisance

shall

not

to

be

persons

used

when used or operated

outofreach persons doors
except between the hours of
and 10:
00 p.
m.

operated

or
outdoors
of-

is

or

to

9:
30

a.
m.

io'~
U
d
8 1)
800242-1 ( 9/

used

amplifying equipment shall not be

of any sound in those areas of
operated for the amplification
districts by the
the city which are designated as residential
zoning ordinance of the city.
Sound

3.

or

or
Sound amplifying equipment shall not be used
use or
such
where
of
the
district
city
operated in a business
the operations
operation is so loud as to disturb or disrupt
or any public
a
entity
of businesses,
or meetings
governmental
such.
governmental entity.
hearing conducted by

4.

Sound amplifying equipment shall not be used at

the flow
or operation would impede
use
any location where such
it would
that
extent
an
such
to
of pedestrian or vehicular traffic
a
constitute
or
would
traffic situation
create a
5.

dangerous

detriment

traffic

to

Sound

6.

safety.

amplifying equipment

operated such that it will

event previously granted.
USE

D.

interfere

shall

with

not

another

be

used

permit

or

or

RESTRICTIONS.
the

provisions of this chapter shall apply to

sound amplifying equipment by a hospital,
use or operation of
institution or private enterprise
educational
church, school,
when used or operated upon property owned or controlled by said
hospital, church, school, educational institution or private
enterprise when such amplification is audible outside the
the

All

boundaries

such

of

E.

property.

EXEMPTION.

permit shall be required for sound amplification

equipment used by a governmental agency when engaged in duties
requiring such amplification for the benefit of the general
health and welfare of the community.
No

F.

REVOCATION OR DENTAL OF

The

City Manager
where

ing equipment

it

is

shall deny
determined

Any use restriction

will be violated; or
1.

2.
to

be

false
3.

by

or

comply
G.

permit

for

sound

specified

in

Subsection (

facts

are

FROM

REVOCATION OR DENIAL

OF

C)

found

or

The applicant refuses to agree in writing

with all conditions of the permits.
APPEAL

amplify-

that:

contained in the application

nonexistent in any material detail;

The
or

as

PERMIT.

to

abide

PERMIT.

of a
Any person aggrieved by a denial or revocation
the
have
shall
permit considered or issued under this ordinance
with
the
City Clerk,
right to appeal to the City Manager by filing
within five ( 5) days from and after the date of denial or
revocation, a written notice of appeal which shall set forth
The City Manager shall act upon
the grounds for. such. appeal.

such appeal as expeditiously

the results.

as

possible

of

2-

and

advise

the

appellant