HomeMy WebLinkAbout6.09 Permits for Sound Amplification Systems 35
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 28, 1987
SUBJECT Public Hearing: An Ordinance Requiring Permits For
The Use of Sound Amplification Equipment
EXHIBITS ATTACHED Draft Ordinance
RECOMMENDATIONS 1 ) Open public hearing
2 ) Receive staff presentation and public testimony
le3 ) Close public hearing
4 ) Deliberate
5 ) Waive reading and introduce ordinance
FINANCIAL STATEMENT: None
DESCRIPTION This draft ordinance was prepared by the City
Attorney'.s office as part of the comprehensive municipal code revision
process. This ordinance requires a permit with respect to the operation
of any mobile public address sound system equipment in the outdoor areas
of the city. The permit process is delineated as well as the appeal
procedure, should an application for permit be denied.
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COPIES TO:
ITEM NO.
ORDINANCE NO. - 87
AN ORDINANCE OF THE CITY OF DUBLIN REQUIRING
PERMITS FOR THE USE OF SOUND AMPLIFICATION EQUIPMENT
The City Council of the City of Dublin does ordain as follows:
ARTICLE 2. SOUND AMPLIFICATION PERMITS
Section 1 . "Mobile public address sound system equipment"
means any device or contrivance, mechanical, electrical or
otherwise designed or used to amplify the human voice, music or
other sounds whether used or designed for use in or upon any
vehicle, trailer or other movable device or by hand, operated or
powered by motors, electricity or any other means.
Section 2. PERMIT REQUIRED; FEES. No person shall use any
mobile public address sound system equipment in the outdoor areas
of the City unless a permit therefor shall have been obtained from
the Chief of Police. The amount of the permit fee shall be as
established by resolution of the City Council.
Section 3 . APPLICATION. A person seeking issuance of a
mobile public address sound system equipment permit shall file an
application with the Chief of Police. An application for such a
permit shall be filed with the Chief of Police no less than ten
( 10) days before the date on which it is proposed to use such
equipment. The application shall set forth the following
information:
(a) The name, address and telephone number of the person or
persons seeking to utilize such equipment;
(b) If the equipment is proposed to be used for, on behalf
of, or by an organization, the name, address and
telephone number of the headquarters of the
organization, and of the authorized and responsible head
of such organization;
(c) The name, address and telephone number of the person or
persons who will be operating the equipment and who will
be responsible for such operation;
(d ) The type, nature and description of the vehicle to be
used and/or the sound amplifying equipment to be used;
( e) The date and place or places the equipment is to be
used;
( f) The route to be traveled, the starting point and the
termination point, if any;
(g) The hours when such equipment will be operated ;
(h) Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination
of the conditions to be attached to the issuance of such
permit.
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Section 4. CONDITIONS FOR ISSUANCE. Immediately upon
receipt of an application as hereinabove set forth the Chief of
Police shall investigate or cause to be investigated the area in
which or adjacent to which the use of said equipment is
requested . Upon completion of such investigation the Chief of
Police shall issue a permit as requested by the applicant or shall
vary the terms of the request for such a permit only as to the
time, place and manner of operation of 'said equipment. In
considering any variation of the use of said equipment other than
as requested by the applicant the Chief of Police shall be limited
to an application of the rule of reason relating to the hours of
possible use, the decibel level of the amplifying equipment
involved and the peace and good order of the affected
neighborhood.
Section 5. APPEAL PROCEDURE. The applicant or any
aggrieved person shall have the right to appeal to the City
Council in accordance with Section 7, Ord. 21 -86
Section 6. CONTENTS OF PERMIT. Each permit shall state the
following information:
(a) The time period within which the place or places where
such equipment may be used;
(b) The minimum and maximum speed of the vehicle
transporting such equipment, if any;
( c) The streets, roads , highways, alleys or thoroughfares or
parts thereof that may be traversed by the vehicle
carrying such equipment;
(d ) Such other information or conditions as the Chief of
Police shall find necessary to the enforcement of this
Article.
Section 7 . DUTIES OF PERMITTEE . A permittee hereunder
shall comply with all permit directions and conditons and with all
applicable laws and ordinances. The permittee or other
responsible person designated in the application shall carry the
permit upon his person during the period of operation of said
equipment.
Section 8. REVOCATION OF PERMIT. The Chief of Police shall
have the authority to revoke the permit issued hereunder when any
of the operations or conduct of such use violate any of the
conditons listed in the contents of said permit.
Section 9 . This Ordinance shall supersede the provisions of
Article 2 of Chapter 2 of Title 5 of the Alameda County Code, as
adopted by Dublin Ordinance No. 13.
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Section 10. POSTING OF ORDINANCE This .Ordinance shall -
become effective thirty J30) days after its final passage and ;
adoption by the City Council. The City Clerk of. the City of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this day of , 1987 by the following
vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk