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HomeMy Public PortalAbout95-1058 ORDINANCE NO. 95-1058 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, RELATING TO THE BROADCAST OF AMPLIFIED MUSIC IN CITY PARKS AND AMENDING THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Based on the City Council's knowledge of local conditions in the City, the City Council finds that the broadcast of amplified music in City parks frequently interferes with the ability of members of the public to enjoy park facilities. B. The City Council desires to minimize and control this interference and thereby preserve City parks as a resource for the entire public. C. Requiring a permit for the broadcast of amplified music in City parks is a reasonable means of protecting the general public from unnecessary interference with its use and enjoyment of park facilities. D. The City Council finds that the permit requirement instituted by this ordinance constitutes a reasonable time, place and manner restriction on the broadcast of amplified music in City parks. E. It is not the intent of this ordinance to impose restrictions on the content of any musical materials, or to suppress any speech which is protected by the First Amendment, but to impose a content-neutral park use regulation to address the disruptive effects of amplified music. F. It is not the intent of the City Council to prohibit the broadcast of amplified music in City parks. The City Council recognizes that public parks are traditional public forum and that broadcasting amplified music is constitutionally protected activity. Section 2. Code Amendment. Chapter 1 (Prohibited Conduct; Offenses) of Article IV (Public Peace) of the Carson Municipal Code is hereby amended to add a new Section 4139.1 to read as follows: "4139.1 Amplified Music in Public Parks. In connection with the broadcast of amplified music in public parks owned or operated by the City of Carson, the following requirements shall be met: (a) Permit Required. No person, firm, or corporation shall use or operate, or cause to be used or operated, in any public park owned or operated by the City of Carson, any device, apparatus or instrument for the amplification of music without first obtaining a permit from the Recreation and Community Services Department. (b) Broadcast Standards. The broadcasting of amplified music in City parks shall comply with the following standards: (1) The volume of sound shall be controlled so that it will not be audible for a distance in excess of fifty feet (50') from the source, and the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility. (2) The area where the music can be played and the direction of the speakers shall be as agreed upon by the permittee and Recreation and Community Services Department staff. (3) Amplified music shall only broadcast between the hours of 10:00 a.m. and 7:00 p.m. while daylight savings time is in effect, and between 10 a.m. and 6:00 p.m. while standard time is in effect. CITY OF CARSON ORDINANCE NO. 95-1058 950510 C1380-00970 ddp 0202588 1 Page 1 Of 2 (c) Procedural Standards. Permits shall be issued according to the following procedural standards: (1) Residents shall submit an application for a permit between ninety (90) days and ten (10) days in advance of the activity. Non-residents shall submit an application for a permit between fourteen (14) days and ten (10) days in advance of the activity. (2) The Recreation and Community Services Department shall issue permits in the priority by which applications are received. Decisions on permit applications shall be made within two (2) days of submission of a complete application, unless the applicant agrees to an extension of time." PASSED, APPROVED AND ADOPTED this 6th day of June, 1995. C i ATTEST: AY R (NL _+ r CITY CLERK APPROVED AS TO FORM. ASSISTANT CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF CARSON I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 95-1058, passed first reading on May 16 , 1995, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on June 6 1995, and that the same was passed and adopted by the following role call vote: AYES: COUNCIL MEMBERS: Mayor Mitoma, Olaes, O'Neal, and Fajardo NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Calas City Clerk, City of C rson, California CITY OF CARSON ORDINANCE NO. 95-1058 950510 C1380-00970 ddp 0202588 1 Page 2 of 2