O26791
City Council Meeting: August 24, 2021 Santa Monica, California
ORDINANCE NUMBER 2679 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING PROVISIONS IN ARTICLE 4 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO NOISE AND TARGETED RESIDENTIAL PROTESTS TO
PROMOTE THE PUBLIC SAFETY AND WELFARE
WHEREAS, the City Council is mindful of the legal principles relating to
regulation of activity in public forums such as sidewalks, streets, and public parks and
does not intend to unconstitutionally suppress or infringe expressive activities protected
by the First Amendment of the United States Constitution or the Liberty of Speech
Clause of the California Constitution, but instead is enacting reasonable content-neutral
time, place, and manner regulations that address the need to promote the safety and
welfare of the public and preserve residential privacy and tranquility; and
WHEREAS, the City Council supports peaceful protests, demonstrations, and
events, but some individuals have used prolonged, amplified noise in connection with
recurring protests and other public assembly events to unreasonably harass and disturb
the privacy and tranquility of residents in their homes during evening hours; and
WHEREAS, it is the intent of the City Council in issuing this Ordinance to ensure
that protests and other public assembly events are conducted in ways that permit those
assembling to engage in expressive activities intended to convey their message to the
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public while at the same time ensuring that the protests and other public assembly events
do not unreasonably harass and disturb the privacy and tranquility of residents in their
homes; and
WHEREAS, public protests, demonstrations, and rallies occurring in 2020 in the
Cities of Los Angeles, Long Beach, Beverly Hills, and Santa Monica in connection with
protests and counter-protests relating to mask and social distancing requirements put in
place in response to the COVID-19 pandemic were conducted in residential
neighborhoods, on repeated evenings over an extended period of time, in a way and with
prolonged noise levels, including the use of megaphones, drums, and amplified music,
that appeared intended to, and did, unreasonably harass and disturb the privacy and
tranquility of residents in their homes during evening hours; and
WHEREAS, on December 15, 2020, the City Council directed City staff to review
options and return with proposed amendments to the City’s Noise Ordinance, or other
City ordinances, to reduce prolonged noise from protest activities in residential
neighborhoods while still upholding First Amendment rights; and
WHEREAS, in issuing this Ordinance, the City Council takes notice of the
principles and decisions regarding the regulation of public assemblies, including but not
limited to the following:
1. Public streets, sidewalks, and parks are the archetypes of a traditional public
forum where the government cannot favor one speaker over another based on the
viewpoint of the speaker. See Frisby v. Schultz, 487 U.S. 474, 480-81 (1988); see
also Rosenberger v. Rector & Visitors of the Univ. of Virginia, 515 U.S. 819, 828
(1995). The government may regulate First Amendment activities in traditional
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public fora, such as streets, sidewalks, and parks when such restrictions are
reasonable time, place, and manner restrictions that are: content neutral; narrowly
tailored to serve a significant government interest; and leave open ample
alternative channels of communication. See Cornelius v. NAACP Legal Defense
and Educational Fund, 473 U.S. 788, 799-800 (1985); see also Klein v. San Diego
County, 463 F.3d 1029, 1037 (9th Cir. 2006); Bay Area Peace Navy v. United
States, 914 F.2d 1224 (9th Cir. 1990).
2. The City has a substantial interest in protecting residential privacy and
tranquility. See Frisby, 487 U.S. at 483-84; Klein v. San Diego County, 463 F.3d
1029, 1034 (9th Cir. 2006); see also Cuviello v. City of Vallejo, 944 F.3d 816, 828
(9th Cir. 2019) (government interest in protecting its citizens from unwelcome noise
“is at its zenith in residential areas, where citizens have substantial privacy
interests”). While the right to residential privacy and tranquility does not
encompass a right to remain blissfully unaware of the presence of protestors, it
does support a significant government interest in preventing protesting that
renders the targeted resident a captive audience to the protestors’ message; thus
residential protest ordinances must carefully balance two valid and competing
interests, the right of residents not to be captive audiences to unwanted speech
and the right of protestors to convey their message. Frisby, 486 U.S. at 487; Klein,
463 F.3d at 1035.
3. Time, place, and manner limitations on the use of amplified sound must be
content neutral; narrowly tailored to serve a significant government interest such
as a City’s interests in peace and tranquility, maintenance of public safety, and
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protecting individuals from unwanted speech; and leave open ample alternative
channels for communication of information. See Klein v. Laguna Beach, 381 Fed.
Appx. 723, 725-27 (9th Cir. 2010) (“there was no evidence to support the district
court’s finding that a blanket prohibition on amplified sound after 5 p.m. is narrowly
tailored to a significant government interest in public tranquility, particularly in light
of the significant protections for speech in a public forum”); see also
Cuviello, 944 F.3d at 825 (recognizing that sound-amplifying devices “can produce
noise that is unpleasant” and that municipalities can regulate use of such devices
but “must ensure that even a well-intentioned restriction does not give way to
suppression of speech”).
WHEREAS, this Ordinance provides a narrowly tailored content-neutral
mechanism to permit protests and other public assembly events to be conducted in ways
that permit those assembling to engage in expressive activities intended to convey their
message to the public while at the same time ensuring that the protests and other public
assembly events do not result in prolonged noise at levels that will unreasonably harass
and disturb the privacy and tranquility of residents in their homes; and
WHEREAS, providing a narrowly tailored content-neutral mechanism to address
the purposes set forth above requires that certain outdated and superseded provisions of
the Santa Monica Municipal Code be deleted or substantially modified;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.12.020, Definitions, is hereby
amended to read as follows:
4.12.020 Definitions.
The following words and phrases as used in this Chapter shall have the following
meanings:
(a) Ambient Noise Level. The all-encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding the
alleged offensive noise, at the location and approximate time at which a
comparison with the alleged offensive noise is to be made.
(b) A-Weighted Sound Level. The level in decibels of sound as measured with
a sound level meter with a reference pressure of twenty micro-Pascals using the
A-weighted network (scale) at a slow response. The unit of measurement shall
be designated as dBA.
(c) Community Event. Any event that has obtained a Community Event Permit
pursuant to Santa Monica Municipal Code Chapter 4.68.
(d) Community Noise Officer. The person designated by the City Manager to
administer the provisions of this Chapter.
(e) Construction Activity. Shall mean the following:
(1) The operation of any tool, machine or equipment including, but not
limited to, vehicles and helicopters being used by the City, public utilities,
contractors or subcontractors and their employees to carry out any work
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for which a building permit is required, including, but not limited to,
demolition, grading, excavating, or construction;
(2) Performing any construction, maintenance, or repair on buildings,
structures, or utilities or any work preparing the site for construction or
repair including, but not limited to, staging, grading, excavation, and
demolition;
(3) Any painting using motorized equipment or any painting that is part of
the construction activity for which a building permit has been issued;
(4) The loading or unloading of construction equipment, materials, or
supplies from vehicles at or near the site of the construction activity;
(5) The staging or idling, at or near the site of construction activity, of any
construction vehicle or any vehicles bringing construction equipment,
materials or supplies to the site of the construction;
(6) The staging or idling, at or near the site of construction activity, of any
food services vehicle providing food services to persons working at a site
of construction activity or the use of a horn or other device by a food
services vehicle to alert customers that the vehicle has arrived.
(f) Decibel (dB). A unit that denotes the ratio between two quantities that are
proportional to power: the number of decibels corresponding to the ratio of two
amounts of power is ten times the logarithm to the base ten of this ratio.
(g) Emergency Machinery, Vehicle, Work or Alarm. Any machinery, vehicle,
work or alarm used, employed, performed or operated in an effort to protect,
provide or restore safety conditions in the community or for the citizenry, or work
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by private or public utilities when restoring utility service or work repairing public
infrastructure.
(h) Equivalent Noise Level (Leq). The equivalent noise level as measured
using the A-weighted sound level decibel scale. The measurement of equivalent
noise level shall be in accordance with International Electrotechnical Commission
(IEC) International Standard 61672 (Part 1), “Electroacoustics—Sound Level
Meters,” Section 3.9, “Equivalent Continuous Sound Level,” or most recent
revision thereof.
(i) Fixed Noise Source. A device that creates sounds while fixed or
motionless, including, but not limited to, residential, agricultural, industrial or
commercial machinery, equipment, pumps, fans, compressors, air conditioners,
construction, or refrigeration equipment.
(j) Grading. Any excavating or filling of earth material or any combination
thereof conducted at a site to prepare said site for construction or other
improvements thereon.
(k) Hertz (Hz). The unit that describes the frequency of a function periodic in
time, which is the reciprocal of the period.
(l) Health Care Institution. Any hospital, convalescent home or other similar
facility, excluding residential care facilities that provide health care, medical
treatment, room, board or other services for the ill, retarded or convalescent.
(m) Impulsive Noise. A noise of short duration usually less than one second
and of high intensity, with an abrupt onset and rapid decay.
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(n) Intruding Noise Level. The total sound level, expressed in the A-weighted
sound level decibel scale, created, caused, maintained or originating from an
alleged offensive source at a specified location while the alleged offensive source
is in operation.
(o) Maximum Instantaneous A-weighted, Slow Sound Pressure Level. The
highest level that was observed during the measurement using the A-weighting
and slow response settings on the sound level meter.
(p) Mechanical Equipment. Equipment such as pool pumps, spa pumps, air
conditioners and accessory equipment such as generators, ducts and vents.
(q) Mobile Noise Source. Any noise source other than a fixed noise source.
(r) Noise Sensitive Land Use. Public or private schools, places of worship,
cemeteries, libraries, hospitals and similar health care institutions.
(s) Person. A person, firm, association, co-partnership, joint venture,
corporation or any entity, public or private in nature.
(t) Simple Tone Noise. A noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished. If
measured, simple tone noise shall exist if the one-third octave band sound
pressure level in the band with the tone exceeds the arithmetic average of the
sound pressure levels of the two contiguous one-third octave bands by: five dB
for frequencies of five hundred Hz and above; by eight dB for frequencies
between one hundred sixty and four hundred Hz; and, by fifteen dB for
frequencies less than or equal to one hundred twenty-five Hz.
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(u) Sound Amplifying Equipment. Any machine or device used to amplify
music, the human voice, or any other sound, but does not include (1) vehicle
radios or stereos when used and heard only by the occupants of the vehicles in
which they are installed or (2) machines or devices designed and operated for
personal use and heard only by the person utilizing such a machine or device.
(v) Sound Level Meter. An instrument meeting International Electrotechnical
Commission (IEC) International Standard 61672 (Parts 1 and 2)
“Electroacoustics—Sound Level Meters,” or most recent revision thereof, for a
Type 1 sound level meter or an instrument and the associated recording and
analyzing equipment that will provide equivalent data.
(w) Sound Pressure Level. Twenty times the logarithm to the base ten of the
ratio of the pressure of the sound to a reference pressure that shall be explicitly
stated. The term “noise level” used in this Chapter is the sound pressure level.
(x) Stationary. Remaining in a fixed location for at least five minutes.
(y) Vibration. Any movement of the earth, ground or other similar surface
created by a temporal and spatial oscillation of displacement, velocity or
acceleration in any mechanical device or equipment located upon, attached or
affixed to, or in conjunction with that surface.
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SECTION 2. Santa Monica Municipal Code Section 4.12.030, Exemptions, is
hereby amended to read as follows:
4.12.030 Exemptions.
(a) The following activities shall be exempt from the provisions of this Chapter,
except for Sections 4.12.025, 4.12.100, and 4.12.105, or unless otherwise
expressly identified in any section of this Chapter:
(1) Activities conducted on public or private school grounds, including,
but not limited to, school athletic and school entertainment events;
(2) Community events;
(3) Activities conducted on public property that is generally open to the
public, including, but not limited to, streets, sidewalks, alleys, parkways,
parks, and beaches.
(b) The following activities shall be exempt from the provisions of this Chapter
unless otherwise expressly identified in any section of this Chapter:
(1) Any alarm or emergency device, apparatus or equipment regulated
by Municipal Code Sections 3.56.010 through 3.60.010;
(2) Activities undertaken by governmental agencies to protect public
health, safety or welfare;
(3) Any activity regulated by Santa Monica Municipal Code Section
10.04.04.010 et seq. (Aircraft Noise Abatement Code);
(4) Any activity to the extent regulation thereof has been preempted by
State or Federal law.
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(5) Any non-commercial activity conducted outdoors:
(A) Between the hours of seven a.m. and ten p.m.;
(B) On public property that is generally open to the public,
including, but not limited to, streets, sidewalks, alleys, parkways,
parks, and beaches;
(C) Not on the Santa Monica Pier or the Third Street Promenade;
(D) Not immediately abutting any exclusively residential use; and
(E) Not violating Section 4.12.025 of this Code with respect to any
residential, hospital or school use.
SECTION 3. Santa Monica Municipal Code Section 4.12.050, Designated noise
zones, is hereby amended to read as follows:
4.12.050 Designated noise zones.
The properties hereinafter described are hereby assigned to the following noise
zones:
Noise Zone I. All property in a residential district established by Santa Monica
Municipal Code Section 9.02.010(B)(1) or any revisions thereto; except,
however, the Santa Monica Pier shall be excluded from this noise zone.
Noise Zone II. All property in a nonresidential district established by Santa
Monica Municipal Code Section 9.02.010(B)(2) or any revisions thereto; except,
however, the industrial conservation district shall be excluded from this noise
zone and the Santa Monica Pier shall be included in this noise zone.
Noise Zone III. All property in the industrial conservation district as established
by Santa Monica Municipal Code Section 9.02.010(A).
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SECTION 4. Santa Monica Municipal Code Section 4.12.100, Restrictions in public
parks, beaches, or recreational facilities, is hereby amended to read as follows:
4.12.100 Restrictions in public parks, beaches, or recreational facilities.
(a) No person shall use or operate sound amplifying equipment or play any
musical instrument after 10:00 p.m. and before 7:00 a.m. on weekdays or 8:00
a.m. on weekends in or upon any public park, beach, or recreational facility
owned or maintained by the City of Santa Monica.
(b) This Section shall not prohibit any person from playing any musical
instrument or using or operating sound amplifying equipment if granted
permission by the City to play or perform in or upon a public park, beach, or other
recreational facility owned or maintained by the City pursuant to a community
event permit.
(c) If a person with a community event permit plays any musical instrument or
uses or operates sound amplifying equipment at the same location or within 500
feet of the same location in or upon any public park, beach, or recreational facility
within Noise Zone 1 on more than two days in any seven-day period, the person
shall be limited to playing any musical instrument or using or operating the sound
amplifying equipment, whether constantly or intermittently, for no longer than a
single 45 minute period after 10:00 p.m. and before 7:00 a.m. on weekdays or
8:00 a.m. on weekends on the third through seventh day during that seven-day
period.
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SECTION 5. Santa Monica Municipal Code Section 4.12.105, Restrictions on
sound amplifying equipment, is hereby added to read as follows:
4.12.105 Restrictions on sound amplifying equipment.
(a) No person shall use or operate sound amplifying equipment on a public
sidewalk, street, alley, or parkway located in Noise Zone I after 10:00 p.m. and
before 7:00 a.m. on weekdays or 8:00 a.m. on weekends.
(b) No person who is not stationary while using or operating sound amplifying
equipment shall use or operate such equipment on a public sidewalk, street,
alley, or parkway located in Noise Zone 1 between 8 p.m. and 10 p.m.
(c) If a person who is stationary under subsection (b) uses or operates sound
amplifying equipment at the same location or within 500 feet of that location in
Noise Zone 1 on more than two days in any seven-day period, the person shall
be limited to using or operating the sound amplifying equipment, whether
constantly or intermittently, for no longer than a single 45 minute period between
8 p.m. and 10 p.m. on the third through seventh day during that seven-day
period.
(d) Notwithstanding subsections (a) and (b), this Section shall not apply to the
use or operation of sound amplifying equipment on a public sidewalk, street,
alley, or parkway immediately abutting a property with a commercial use, as set
forth in Santa Monica Municipal Code Section 9.51.030(B), in Noise Zone I.
(e) Law enforcement personnel, firefighting personnel, emergency health care
providers, and employees, agents, or representatives of the City shall be exempt
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from the provisions of this Section when engaged in official business of or on
behalf of the City.
SECTION 6. Santa Monica Municipal Code Section 4.08.790, Distance restriction
for targeted residential protests, is hereby amended to read as follows:
4.08.790 Targeted residential protests.
(a) For purposes of this Section, the following definitions shall apply:
(1) “Dwelling” has the same meaning as defined in Section 9.52.020.0720 of
this Code.
(2) “Targeted dwelling” means the dwelling at which a targeted residential
protest is directed.
(3) “Targeted residential protest” means a demonstration, picketing activity,
or other public assembly that is directed at a particular dwelling or occupants of
that dwelling and either (i) proceeds on a definite course in front of or around that
particular dwelling or (ii) occurs at a particular location in front of or around that
particular dwelling.
(b) No person shall engage in a targeted residential protest (1) within fifty (50)
feet of the property line of the targeted dwelling, except that a targeted residential
protest may occur on the sidewalk on the opposite side of the street from the
targeted dwelling without regard to the 50-foot limitation; or (2) after 8:00 p.m.
and before 7:00 a.m. on weekdays or 8:00 a.m. on weekends.
(c) Nothing in this Section shall be interpreted as prohibiting a community event
or public assembly that is not a targeted residential protest.
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(d) When feasible, excluding exigent circumstances, a warning shall be issued
before enforcement of subsection (b). Such warning shall be sufficient if
provided orally, by posted signs, or by amplified announcement.
(e) Any interested person may seek an injunction or other relief to prevent or
remedy violations of subsection (b).
SECTION 7. Santa Monica Municipal Code Section 4.08.620, Sound truck, is
hereby repealed and deleted in its entirety.
SECTION 8. Santa Monica Municipal Code Section 4.08.630, Sound amplifying
equipment, is hereby repealed and deleted in its entirety.
SECTION 9. Santa Monica Municipal Code Section 4.08.640, Noncommercial use
of sound trucks, is hereby repealed and deleted in its entirety.
SECTION 10. Santa Monica Municipal Code Section 4.08.650, Registration
statement, is hereby repealed and deleted in its entirety.
SECTION 11. Santa Monica Municipal Code Section 4.08.660, Registration
statement amendment, is hereby repealed and deleted in its entirety.
SECTION 12. Santa Monica Municipal Code Section 4.08.670, Registration and
identification, is hereby repealed and deleted in its entirety.
SECTION 13. Santa Monica Municipal Code Section 4.08.680, Regulations for
use, is hereby repealed and deleted in its entirety.
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SECTION 14. Santa Monica Municipal Code Section 4.08.690, Vehicles –
commercial advertising, is hereby repealed and deleted in its entirety.
SECTION 15. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 16. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 17. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
George S. Cardona
Interim City Attorney
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Approved and adopted this 24th day of August, 2021.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2679 (CCS) had its introduction
on July 27, 2021 and was adopted at the Santa Monica City Council meeting
held on August 24, 2021, by the following vote:
AYES:
NOES:
Councilmembers Brock, Davis, de la Torre, Negrete, Parra,
Mayor Himmelrich, Mayor Pro Tem McCowan
None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2679 (CCS) was duly published pursuant to
California Government Code Section 40806.
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9/15/2021