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SR 09-13-2022 10G City Council Report City Council Meeting: September 13, 2022 Agenda Item: 10.G 1 of 2 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 10.G Packet Pg. 463 2 of 2 B. Ocean View Park Parcel Map 10.G Packet Pg. 464 1 of 3 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) 2 of 3 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) 3 of 3 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)