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HomeMy WebLinkAbout1361 - Sound Amplifying EquipmentORDINANCE NO. 11( 3 6 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.32 ENTITLED "SOUND AMPLIFYING EQUIPMENT" TO PROHIBIT SUCH EQUIPMENT ON PUBLIC BEACHES AND IN BALBOA PARK, AND TO PROVIDE CERTAIN EXCEPTIONS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 10.32.055 is added to Chapter 10.32 of the Newport Beach Municipal Code to read: 1110.32.055 Sound Amplification Equipment Prohibited on Public Beaches and in Balboa Park. A. Policy Statement The City Council makes the following findings: (1) The public beaches adjacent to the waters of the Pacific Ocean and Newport Harbor are a unique recreational resource which the City holds in trust under a legislative grant from the State of California. Balboa Park is a park located on filled tidelands adjacent to the ocean beach on the Balboa Peninsula. (2) These public beaches are intensively used for swimming, surfing and sunbathing by a diverse group of people which includes City residents, tourists, and persons residing throughout Orange County and Southern California. (3) The use of sound trucks and sound amplification equipment by groups and organizations who wish to hold con- certs, meetings or public assemblies on or near these public beaches is disturbing to the vast majority of the people using the beaches for recreation and to local residents whose homes are in close proximity to the beaches. B. No permit shall be issued for and no person shall -1- • i use any sound truck or sound amplification equipment on any public beach or in Balboa Park." SECTION 2. Section 10.32.090 of the Newport Beach Municipal Code is amended to read: "10.32.090 Exceptions. The provisions of this Chapter shall not apply to the use of sound trucks or sound amplifying equipment in conducting the following activities: (a) Sporting and recreational activities conducted on public school property or in public parks when authorized by the public agency having control of such public park or school property. (b) Water sport activities conducted on the waters of Newport Harbor which are conducted under the authority of any applicable City or Orange County Harbor District regul- ations. (c) Activities conducted on property of churches or private clubs where the sound is confined within the boun- daries of such property. (d) Licensed sightseeing or excursion vessels operating on the waters of Newport Harbor. (e) Public officials or employees while acting in the performance of their duties. (f) Activities conducted within the boundaries of City licensed amusement centers where the sound is confined within the boundaries of such amusement centers." SECTION 3. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the -2- 9/24/70 Sd .n i 28th day of September , 1970, and was adopted on the 12th day of October , 1970, by the following vote, to wit: ATTEST: C%ty Clerk ` _CERTIFIED AS THE ORIGINAL AND CERTIFIED AS To PLIBLICATJON. PATE ._.._.`.::........ �. ACH IT Y CLERK OF THE CI I F E RT BEACH AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth, Croul, Dostal, Parsons NOES, COUNCILMEN: None None ABSENT COUNCILMEN l.r Mayor THS dm -3- 9/18/70