SR 09-13-2022 10G
City Council
Report
City Council Meeting: September 13, 2022
Agenda Item: 10.G
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Modifying SMMC 4.12.105
Concerning Amplified Sound in Ocean View Park
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on August 23, 2022, the City Council introduced for first reading an
ordinance to modify the City’s amplified sound ordinance, Section 4.12.105 of the
Municipal Code, to prohibit amplified sound in Ocean View Park. The sidewalks
adjacent to Barnard Way in the public right of way would not be considered part of the
park for purposes of this ordinance. A map of Ocean View Park is attached to this staff
report. The ordinance is now presented to the City Council for adoption.
Prepared By: Douglas Sloan, City Attorney
Approved
Forwarded to Council
Attachments:
A. ORD-ord-2nd-Amplified Sound
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Packet Pg. 463
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B. Ocean View Park Parcel Map
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City Council Meeting September 13, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING
SECTION 4.12.105 OF THE MUNICIPAL CODE CONCERNING AMPLIFIED SOUND
WHEREAS, the use of sound amplification can be regulated so that it does not unduly
burden the community while providing adequate alternative means of expression; and
WHEREAS, the Council desires to limit amplified sound in certain areas so they may be
less impacted by excessive sound; and
WHEREAS, limiting amplified sound only in certain areas of the City allows for ample
alternative means and areas for expressive activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.12.105 is hereby amended 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 ten p.m. and before seven a.m. on weekdays
or eight 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 eight p.m. and ten p.m.
(c) If a person who is stationary under subsection (b) uses or operates sound
amplifying equipment at the same location or within five hundred 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 forty-five minute period between eight p.m. and ten p.m. on the third through seventh day
10.G.a
Packet Pg. 465 Attachment: ORD-ord-2nd-Amplified Sound (5355 : Ocean View Park Noise - Second Reading)
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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) Except as may be provided in an approved Community Events Permit, no person
shall use or operate sound amplifying equipment within Ocean View Park or other City property
the Council may designate by resolution. Appropriate signage shall be placed to notify the public
of the prohibition.
(f) Law enforcement personnel, firefighting personnel, emergency health care
providers, and employees, agents, or representatives of the City shall be exempt from the
provisions of this Section when engaged in official business of or on behalf of the City.
SECTION 2. 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 3. 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.
10.G.a
Packet Pg. 466 Attachment: ORD-ord-2nd-Amplified Sound (5355 : Ocean View Park Noise - Second Reading)
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SECTION 4. 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:
_________________________
Doug Sloan, City Attorney
10.G.a
Packet Pg. 467 Attachment: ORD-ord-2nd-Amplified Sound (5355 : Ocean View Park Noise - Second Reading)
Notes
0 300 600
ft
This mapof the City of Santa Monica has been providedforillustrationpurposes only.Every reasonable effort hasbeenmadetoensuretheaccuracyofthemapsprovided,however,some information may not be accurate.The City
of Santa Monica ("City")provides this map on an "AS IS"basis.The City assumes no liability for damages arisingfromerrorsoromissions.THE MAPS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND,either expressed orimplied,including but not limited to,the implied warrantiesof merchantabilityandfitnessfor aparticular purpose.
Do not make any business decisions based on this map before validating yourdecision with the appropriate Cityoffice.
Ocean View Park Parcel
Legend
Address Points
Resident
Business
Parcels
Street Name Labels
Street Name Labels
Aerial Imagery 2020 (Map Service)
Red: Band_1
Green: Band_2
Blue: Band_3
Emilio Solano Los Angeles County Assessor 500 W Temple Street Los Angeles, CA 90012 esolano@assessor.lacounty.gov
10.G.b
Packet Pg. 468 Attachment: Ocean View Park Parcel Map (5355 : Ocean View Park Noise - Second Reading)