Loading...
SR 08-23-2022 10D City Council Report City Council Meeting: August 23, 2022 Agenda Item: 10.D 1 of 3 To: Mayor and City Council From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Modifying SMMC 4.12.105 Concerning Amplified Sound in Ocean View Park Recommended Action Staff recommends that the City Council introduce for first reading the proposed ordinance to the City’s amplified sound ordinance, Section 4.12.105 of the Municipal Code, to prohibit amplified sound in Ocean View Park, and potentially other areas Council may specify by resolution. Summary In response to resident complaints and a Councilmember Discussion item from September 2021, Staff prepared for Council consideration an ordinance to prohibit amplified sound in Ocean View Park, which is adjacent to residential buildings. Residents have complained about amplified sound there, typically occurring on Sunday afternoons. Background Bands regularly play music in Ocean View Park utilizing sound amplification. Potentially due to the configuration of the improved land and the adjacent residential buildings, the occupants complain the sound level is excessive in their apartments. The bands do accept donations from the public while playing. Broader ordinance concepts can prohibit all amplified sound without a permit. Many cities handle the issue by requiring permits. However, administration of permitting and 10.D Packet Pg. 1166 2 of 3 enforcement could be resource intensive for staff, and could lead to legal challenges, as applied to particular circumstances. Discussion The First Amendment requires limitations on protected expression, which includes playing music in public, to serve a legitimate purpose, be narrowly tailored, and allow for ample alternative opportunities for expression. The proposed ordinance does not limit playing music without amplification. The purpose is to avoid the amplified sound from being a regular nuisance to the adjacent occupants. The ordinance is narrowly tailored as it applies to only one park area out of all the public properties in the City, and therefore also allows for many alternate areas to play music with amplification. Also, even within this park, amplified sound may be authorized pursuant to the terms of a Community Events Permit. Financial Impacts There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. Enforcement will be done by existing staff and within existing approved budget. The only financial impact would be to enforce the ordinance, which is not expected to be significant. There are other limitations on activities in City parks, which also require resources to enforce, so the incremental costs implementing this ordinance are anticipated to be minimal. Prepared By: Douglas Sloan, City Attorney Approved Forwarded to Council 10.D Packet Pg. 1167 3 of 3 Attachments: A. Proposed Ordinance 10.D Packet Pg. 1168 1 of 3 City Council Meeting August 23, 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.D.a Packet Pg. 1169 Attachment: Proposed Ordinance (5269 : Amplified Sound Ordinance) 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.D.a Packet Pg. 1170 Attachment: Proposed Ordinance (5269 : Amplified Sound Ordinance) 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.D.a Packet Pg. 1171 Attachment: Proposed Ordinance (5269 : Amplified Sound Ordinance)