Chapter 9.31
SOUND AMPLIFIERS
Sections:
9.31.010 Sound amplification permit required.
9.31.020 Application for permit.
9.31.030 Granting or denial of permit.
9.31.040 Revocation of permit.
9.31.010 Sound amplification permit required.
No person shall use or cause to be used at any place in the city whether on public property or private property any sound-amplifying device or equipment without first having secured a permit to do so from the city, except as provided in Section 9.31.060. (Ord. C-5-11 §3(part), 2011).
9.31.020 Application for permit.
Any person desiring to obtain an amplification permit shall submit a written application therefor on a form prescribed by the city, along with a fee for processing such permit in an amount established by the city council by resolution. The application shall describe in detail the activity or activities proposed to be conducted for which the sound amplification permit is requested, shall describe the amplification equipment or devices to be used, shall set forth the steps that the applicant will take to ensure that the sound amplification will not unreasonably disturb other people within the vicinity, shall describe the location where the sound amplification is to take place, shall describe the neighborhood surrounding the location where the sound amplification is to take place, shall include the name of the person or persons who shall be responsible for monitoring and ensuring compliance with the terms of any permit that is granted, and shall include such other information that the city manager or his or her designee may require. A permit may be issued for a single, scheduled event or activity, for a continuous operation or a series of events or activities described in the permit application. (Ord. C-5-11 §3(part), 2011).
9.31.030 Granting or denial of permit.
The city manager or his or her designee may grant the sound amplification permit if he or she determines that the sound amplification will be conducted in such a manner as not to unreasonably disturb the neighbors or other persons in the vicinity of the sound amplification, and if he or she further determines that if actually implemented, the steps to be taken by the applicant to minimize or avoid such disturbance will be adequate. In granting a permit, the city manager or designee may impose such conditions as may be appropriate or necessary in order to protect the public peace and safety. (Ord. C-5-11 §3(part), 2011).
9.31.040 Revocation of permit.
Any permit granted pursuant to this chapter shall be revocable at any time by the city manager or his or her designee for good cause. (Ord. C-5-11 §3(part), 2011).
9.31.050 Appeal.
Any person aggrieved by any decision rendered by the city manager or designee pursuant to this chapter shall have the right to appeal the decision to the city council as provided in Chapter 1.25. (Ord. C-5-11 §3(part), 2011).
9.31.060 Exceptions.
The permits otherwise required by this chapter shall not be required of sound-amplifying equipment or devices under the following circumstances:
A. Sound amplification equipment or devices used on privately owned property, whether indoors or outdoors, where the sound produced does not carry beyond the property line or does not unreasonably disturb any person outside the property where the sound is generated;
B. Sound-amplification equipment or devices used in conformity with an entertainment permit issued by the city;
C. Sound-amplification equipment or devices used in conformity with a use permit under the provisions of Title 18 of this code;
D. Radios, record players, TVs, and tape players wherever used, when the volume does not exceed the volume of normal conversational speech;
E. Sound-amplification equipment or devices used on emergency vehicles or by government employees in connection with any activity undertaken for the protection of the public welfare or safety; and
F. Sound amplification equipment or devices used between the hours of nine a.m. and twelve a.m. in the routine operation of a hotel, resort, restaurant, or golf course located outside the following zoning districts: C-D (Commercial Downtown), C-R (Commercial Residential), C-G (Commercial General), P-S (Public Service) and PUD zoning districts located south of Highway 92 and east of Highway 1. (Ord. C-5-11 §3(part), 2011).
9.31.070 Violations/fines.
A. It shall be an infraction for a responsible person to conduct or allow a loud or unruly gathering on premises owned by the responsible person or on premises rented by or to the responsible person. A third or subsequent violation within a twelve-month period shall constitute a misdemeanor.
B. Fines.
1. A first violation of this section shall be punishable by a fine of two hundred fifty dollars.
2. A second violation of this section at a given address in the city within a given twelve-month period shall be punishable by a fine of five hundred dollars.
3. A third or subsequent violation of this section at a given address in the city within a given twelve-month period shall be punishable by a fine of one thousand dollars.
C. The fines set forth herein are cumulative and shall not limit or replace any other available remedies or penalties, civil or criminal. (Ord. C-5-11 §3(part), 2011).