HomeMy WebLinkAbout6.2 Permits for Sound Amplification Systems � 50
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d CITY OF DUBLIN
AGENDA STATEMENT
1
CITY COUNCIL MEETING DATE: October 26, 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
3 ) Close public hearing
4 ) Deliberate
5 ) Waive reading and adopt 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 on any street within
the city. The permit process is delineated as well as the appeal
procedure, should an application for permit be denied.
This ordinance was introduced at the City Council meeting of October 12,
1 987.
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COPIES TO:
ITEM NO. o
r .
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:
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 on any street, as
defined in § 590 of the California Vehicle Code, within 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.
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
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 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.
Section 10. EFFECTIVE DATE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty 30 days from
and after the date of its passage. 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 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