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The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.
It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, or permittees duly authorized to use the same pursuant to Sec. 103.111 of this Code, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any public street, alley, sidewalk, park or place, or other public property except when installed, used or operated in compliance with the following provisions:
(a) In all residential zones and within 500 feet thereof, no sound amplifying equipment shall be installed, operated or used for commercial purposes at any time.
(b) The operation or use of sound amplifying equipment for noncommercial purposes in all residential zones and within 500 feet thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church, is prohibited between the hours of 4:30 p.m. and 9:00 a.m. of the following day.
(c) In all other zones, except such portions thereof as may be included within 500 feet of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(d) In all other zones, except such portions thereof as may be included within 500 feet of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
(e) The only sounds permitted shall be either music, human speech, or both.
(f) Sound emanating from sound amplifying equipment shall be limited in volume, tone and intensity as follows:
1. The sound shall not be audible at a distance in excess of 200 feet from the sound equipment.
2. In no event shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.
(g) Except as provided in (b) above, no sound amplifying equipment shall be operated upon any property adjacent to and within 200 feet of any hospital grounds or any school or church building while in use.
(h) (Amended by Ord. No. 145,691, Eff. 5/2/74.) The operation or use of any sound amplifying equipment installed, mounted, attached or carried in or by any sound truck is further prohibited:
1. Within the Central Traffic district at any time;
2. Upon Hollywood Boulevard between Vermont Avenue and La Brea at any time;
3. Upon Wilshire Boulevard at any time;
4. Upon Sunset Boulevard at any time;
5. Upon Vine Street at any time;
6. Upon any street between the hours of 4:30 p.m. and 9:00 a.m. of the following day;
7. Upon any street on any Sunday.
(Added by Ord. No. 185,601, Eff. 7/18/18.)
(a) Definitions. As used in this section:
1. “Operator” means any person or corporation who conducts a business or enterprise that operates one or more Unenclosed Tour Buses.
2. “Sound Amplifying Equipment” shall have the same meaning as in Subsection (j) of Section 111.01 of this chapter, and shall include loud speakers and public address systems.
3. “Tour Bus” means a privately-owned bus or passenger vehicle for hire, which is operated by or for a charter-party carrier of passengers or a passenger stage corporation, as set forth in California Vehicle Code Section 612, subsection (a), and as defined in California Public Utilities Code Sections 226 and 5360. A Tour Bus includes any vehicle that is used primarily for the conveyance of passengers over the public streets, for the purpose of visiting or viewing places of interest.
4. “Unenclosed Tour Bus” means a Tour Bus that has had its roof substantially structurally modified or removed, as set forth in California Vehicle Code Section 612, Subsection (b), such that it can be and is operated without a solid roof covering all seating areas of the vehicle. An Unenclosed Tour Bus shall also include any Tour Bus that has had its side panels substantially structurally modified and/or removed, such that it can be and is operated without side panels fully enclosing the sides of the vehicle, when doors and windows are closed.
(b) Use of Sound Amplifying Equipment Prohibited. It shall be unlawful for any Operator or any person employed by an Operator to cause, allow, or permit the use of Sound Amplifying Equipment on any Unenclosed Tour Bus while the vehicle is operating within the City of Los Angeles.
(c) Violation and Punishment. A violation of this Section shall constitute an infraction pursuant to California Vehicle Code Sections 40000.1 and 42001, and shall be punished pursuant to the fine structure set forth in California Vehicle Code Section 42001.
(d) Severability. If any subsection, subdivision, sentence, clause, phrase, or portion of this section, or the application thereof to any person, is for any reason held to be invalid or constitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section or its application to other persons. The City Council hereby declares that it would have adopted this section and each subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional.
Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:
(a) The level of noise;
(b) Whether the nature of the noise is usual or unusual;
(c) Whether the origin of the noise is natural or unnatural;
(d) The level and intensity of the background noise, if any;
(e) The proximity of the noise to residential sleeping facilities;
(f) The nature and zoning of the area within which the noise emanates;
(g) The density of the inhabitation of the area within which the noise emanates;
(h) The time of the day and night the noise occurs;
(I) The duration of the noise;
(j) Whether the noise is recurrent, intermittent, or constant; and
(k) Whether the noise is produced by a commercial or noncommercial activity.