SR 08-23-2022 10D
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.D
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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
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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
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Attachments:
A. Proposed Ordinance
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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
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Packet Pg. 1169 Attachment: Proposed Ordinance (5269 : Amplified Sound Ordinance)
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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.
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Packet Pg. 1170 Attachment: Proposed Ordinance (5269 : Amplified Sound Ordinance)
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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
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Packet Pg. 1171 Attachment: Proposed Ordinance (5269 : Amplified Sound Ordinance)