Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.56 SOUND AMPLIFICATION EQUIPMENT
12.56.010 Definitions.
12.56.020 Activity prohibited.
12.56.030 Permit issuance conditions.
12.56.040 Use restrictions.
12.56.050 Exemption.
12.56.060 Revocation or denial of permit.
12.56.070 Appeal from revocation or denial of permit.
12.56.080 Quiet zones--City Council establishment authority.
12.56.090 Quiet zones--Extent--Signs installed.
12.56.100 Quiet zones--Use of sound amplifying equipment prohibited.
12.56.110 Violation--Penalty.
12.56.010 Definitions.
As used in this chapter:
“Sound amplifying equipment”
means any machine or device for or to facilitate the amplification of the human
voice, music or any other sound. Sound amplifying equipment includes but is not
limited to radios, televisions, portable and nonportable cassette tape players,
record players, laser disc players, and compact disc players. Sound amplifying
equipment shall not be construed as including any equipment used on authorized
emergency vehicles or horns or to hear warning devices on other vehicles used
only for traffic safety purposes.
“Unreasonably loud manner”
means the volume of sound in the use or operation of any sound amplification
equipment if such sound can be heard by a person from fifty (50) or more feet
from the source of the amplification. (Prior code § 3-6.09(A))
12.56.020 Activity prohibited.
It is unlawful for any person to use or operate or permit the use or
operation in an unreasonably loud manner of any sound amplifying equipment
out-of-doors or indoors when used or operated to reach persons out-of-doors
without first obtaining a written permit from the City Manager by submitting an
application at least ten working days prior to the date of intended use;
provided, however, that permits for the use or operation of sound amplifying
equipment in a manner other than that prescribed by this chapter in public parks
or playgrounds shall be obtained from the Director of Parks and Recreation. Such
permit shall be issued unless the permit requested is prohibited by Section
12.56.030, or is for a location within a zone of quiet which has been
established as hereinafter provided. The use or operation of sound amplifying
equipment for which a permit is issued shall be subject to the limitations and
regulations set forth in Section 12.56.030. (Prior code §
3-6.09(B))
12.56.030 Permit issuance conditions.
No permit shall issue to permit operation of sound amplification equipment
in a manner other than that prescribed by this chapter if:
A. The equipment
is to be used or operated out-of-doors or indoors but used or operated to reach
persons out-of-doors between the hours of ten p.m. and nine-thirty
a.m.
B. The operation of such equipment is to be in those areas of the city
which are designated as residential districts by the zoning ordinance of the
city.
C. The operation of such equipment is to be in the business district
of the city where such use or operation is so loud as to disturb the operations
or meetings of businesses, a governmental entity or any public hearing conducted
by such governmental entity or at a location where such use or operation would
impede the flow of pedestrian or vehicular traffic to such an extent that it
would create a dangerous traffic situation or would constitute a detriment to
traffic safety.
D. Use or operation of the sound amplification equipment
would interfere with another permit or event previously granted. (Prior code
§ 3-6.09(C))
12.56.040 Use restrictions.
All the provisions of this chapter shall apply to the use or operation of
sound amplifying equipment by a hospital, church, school, educational
institution or private enterprise when used or operated upon property owned or
controlled by said hospital, church, school, educational institution or private
enterprise when such amplification is audible outside the boundaries of such
property. (Prior code § 3-6.09(D))
12.56.050 Exemption.
No restrictions exist and no permit shall be required for sound
amplification equipment used by a governmental agency when engaged in duties
requiring such amplification for the benefit of the general health and welfare
of the community. (Prior code § 3-6.09(E))
12.56.060 Revocation or denial of permit.
The City Manager shall deny a permit allowing sound amplifying equipment
to be operated in a manner other than that prescribed by this chapter where it
is determined that:
A. Any use restriction as specified in Section 12.56.030
will occur; or
B. The facts contained in the application are found to be
false or nonexistent in any material detail; or
C. The applicant refuses to
agree in writing to abide by or comply with all conditions of the permit. (Prior
code § 3-6.09(F))
12.56.070 Appeal from revocation or denial of permit.
Any person aggrieved by a denial or revocation of a permit considered or
issued under this chapter shall have the right to appeal to the City Manager by
filing with the City Clerk, within five days from and after the date of denial
or revocation, a written notice of appeal which shall set forth the grounds for
such appeal. The City Manager shall act upon such appeal as expeditiously as
possible and advise the appellant of the results. (Prior code §
3-6.09(G))
12.56.080 Quiet zones--City Council establishment authority.
The City Council, for the purpose of preventing disturbances to the
occupants of churches, hospitals, institutions reserved for the sick, schools,
or educational institutions, or the students or faculties of said schools or
educational institutions, may establish by resolution, zones of quiet adjacent
to churches, hospitals, or institutions, when the superintendent or chief
executive officer of such church or institution requests the establishment of
such zones. (Prior code § 3-6.09(H))
12.56.090 Quiet zones--Extent--Signs installed.
The resolution establishing a zone of quiet shall describe the extent of
said zone of quiet, and upon the establishment thereof, the Department of Public
Works is authorized to install and maintain appropriate signs to indicate the
existence of said zone, provided that the expense of such installation and
maintenance is paid by the institution making such request prior to such
installation. (Prior code § 3-6.09(I))
12.56.100 Quiet zones--Use of sound amplifying equipment prohibited.
It is unlawful for any person to use or operate or permit the use of or
operation of any sound amplifying equipment out-of-doors or indoors when used or
operated to reach persons out-of-doors within any zone of quiet established by
resolution of the City Council, provided that signs indicating the existence of
such zone of quiet have been erected and are in place. (Prior code §
3-6.09(J))
12.56.110 Violation--Penalty.
Violation of any provision of this chapter constitutes an infraction. This
chapter may be enforced by the method provided for in Chapter 1.28 of the
Oakland Municipal Code and Section 853.5 of the Penal Code of the state of
California. This chapter shall be enforced by member of the Oakland Police
Department. (Prior code § 3-6.09(L))
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