SEC. 1060.14. REGULATION OF SIGNS.

   No sign or signs, paintings, photographs, pictorial representations, or any other visual means shall be maintained, erected, used or placed upon or adjacent to the outside of any building, or in connection with any premises therein, which has received a permit pursuant to this Article, if it shows, reveals or depicts, in whole or in part, the following:

      (1)   The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, copulation (oral, anal or vaginal), flagellation or any sexual acts which are prohibited by law;

      (2)   The actual or simulated caressing or fondling by one adult human being of the breast, buttocks, anus or genitals of another adult human being;

      (3)   The actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, or any other external genitalia of the human body;

      (4)   Any portion of the nude female breast below the top of the areola.

(Amended by Ord. 71-73, App. 2/23/73)

SEC. 1060.15. SOUND TEST AND SOUND MONITORING.

   (a)   Sound Test. As a condition of any permit issued under this Article 15.1, the Commission or the Director shall have the authority to require a sound test to be performed by a Commission sound inspector to ensure compliance with the allowable noise limits under this Article 15.1, Section 49 and Article 29 of the Police Code, or any alternative noise limits set by the Commission in the permit.

   (b)   Sound Monitoring. As a condition of any permit issued under this Article 15.1, the Commission or the Director shall have the authority to require sound monitoring to be performed by a Commission sound inspector to ensure compliance with the allowable noise limits under this Article, Section 49 and Article 29 of the Police Code, or any alternative noise limits set by the Commission in the permit as authorized by subsection (e) of Section 2909 of this Code, and may assess the hourly sound monitoring fee set forth in Section 2.26 for such purposes.

(Amended by Ord. 71-73, App. 2/23/73; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013; Ord. 70-15 , File No. 141298, App. 5/21/2015, Eff. 6/20/2015; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

SEC. 1060.16. OUTDOOR AMPLIFIED SOUND REGULATIONS.

   (a)   Findings. The use or operation of amplified sound equipment to project sound outside of any building or at any location out of doors in the City may be detrimental to the health, welfare, and safety of the inhabitants of the City, in that such use or operation diverts the attention of pedestrians and vehicle operators in the public streets and places, thus increasing traffic hazards and potentially causing injury to life and limb. Further, such use or operation may disturb the public peace and comfort and the peaceful enjoyment by the people of their rights to use the public streets and places for street and other public purposes, and may disturb the peace, quiet, and comfort of the neighboring inhabitants. Therefore, the proper regulation of such use and operation of outdoor amplified sound equipment as set forth in this Section 1060.16 and Sections 1060.5.2, 1060.27, and 1060.29.2 is essential to protect the health, welfare, and safety of the inhabitants of the City, to secure the health, safety, comfort, convenience, and peaceful enjoyment by the people of their rights to use the public streets and places, and to secure the peace, quiet, and comfort of the City’s inhabitants.

   (b)   Unless otherwise permitted by the Entertainment Commission following a public hearing, and except as to Sound Truck Permits which are governed by Section 1060.27 of this Article 15.1, any permit issued pursuant to this Article that authorizes the use of Amplified Sound Equipment to project sound outside of any building or at any location out of doors in the City shall include the following conditions with regard to outdoor amplified sound:

      (1)   Hours of operation of outdoor Amplified Sound Equipment shall be no earlier than 9:00 a.m. and no later than 10:00 p.m.;

      (2)   Amplified speech and music shall not be unreasonably loud, raucous, or jarring to persons of normal sensitivities within the area of audibility, nor louder than permitted in subsection (c); and

      (3)   The volume of outdoor sound shall be controlled so that it will not be audible for a distance in excess of 250 feet from the property line of the Business or premises or from the periphery of the attendant audience.

   (c)   In considering whether to impose noise limits that are different from those in subsection (b) of this Section 1060.16, the Commission shall consider the following factors:

      (1)   Whether the Business, premises, or event will generate outdoor amplified sound in the evening;

      (2)   In the case of an amendment to an existing permit, the length of time the Business or premises has operated, either under the current operator or prior operators;

      (3)   In the case of an amendment to an existing permit, whether the Commission, Police Department, Department of Public Health, or other City entity has received noise complaints related to the operation of the Business or premises;

      (4)   The proximity of the Business or premises to other outdoor amplified sound or commercial uses;

      (5)   The proximity of the Business or premises to existing residential buildings; and/or

      (6)   The proximity of the Business or premises to hospitals, schools, houses of worship, courthouses, public libraries, or mortuaries and those facilities’ normal hours of use.

   (d)   For Fixed Outdoor Amplified Sound permits, a Commission sound inspector shall perform a sound test per Section 1060.15 of this Code before the Permittee may commence operations under the permit. The Commission may also require that a Commission sound inspector perform a sound test per Section 1060.15 before a Permittee may commence operations under a One Time Amplified Sound Permit.

(Added by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)

SEC. 1060.17. REMOVAL OF SIGNS AND PICTORIAL REPRESENTATION.

   Any sign, or signs, or portions thereof, in violation of Sections 1060.14 shall be removed within 60 days after the effective date of this Article.

(Amended by Ord. 71-73, App. 2/23/73; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

SEC. 1060.18. VISIBILITY FROM THE STREET.

   No operator of a Place of Entertainment shall permit, or cause to be permitted, any Entertainment as defined in Section 1060(g)(4) that would be visible at any time from the street, sidewalk or highway.

(Added by Ord. 140-70, App. 5/28/70; amended by Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

SEC. 1060.19. PERMIT FEE; EXEMPTIONS.

   (a)   Place of Entertainment, Limited Live Performance, and Fixed Place Outdoor Amplified Sound Permit Fee Exemptions.

      (1)   The provisions of Section 1060.2 relating to a permit fee shall not apply to any Place of Entertainment, Limited Live Performance Locale, or Fixed Place Outdoor Amplified Sound Locale used exclusively for any of the following purposes: Places of Entertainment, Limited Live Performance Locales, or Fixed Place Outdoor Amplified Sound Locales that are operated by any public agency or by any educational, recreational, or social agency, or by any bona fide fraternal, charitable, religious, benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political, and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization.

      (2)   Notwithstanding the above subsection (a)(1), the Steward or permittee for a Plaza as identified in Administrative Code Chapter 94 and a People Place as identified in Administrative Code Chapter 94A shall be subject to the permit fee of Section 1060.2 .

   (b)   One Time Event and One Time Outdoor Amplified Sound Permit Fee Exemption and Waiver.

      (1)   Exemption. The provisions of Section 1060.2 relating to a permit fee shall not apply to a One Time Event or One Time Outdoor Amplified Sound Event permit application filed by an entity that has received City funds specifically for the event that is the subject of the permit application.

      (2)   Fee Waivers.

         (A)   Individuals. The Director may grant an individual applicant an exemption from paying the filing fee for a One Time Event or One Time Outdoor Amplified Sound Event Permit upon the applicant’s filing under penalty of perjury a declaration of financial hardship on the form provided by the Entertainment Commission. The form shall use the indigency standards set out in California Government Code Section 68632, as amended from time to time. The applicant shall submit the financial hardship declaration concurrently with the permit application.

         (B)   Nonprofit and Neighborhood Organizations. The Director may grant a nonprofit organization, neighborhood association, or similar community-based group an exemption from paying the filing fee for a One Time Event or One Time Outdoor Amplified Sound Permit for an event if (i) the proposed event is free and open to the public, and (ii) the filing fee is more than 25% of the total projected budget for the event.

(Added by Ord. 140-70, App. 4/28/70; amended by Ord. 172-11, File No. 110506, App. 9/12/2011, Eff. 10/12/2011; Ord. 82-14 , File No. 140064, App. 6/13/2014, Eff. 7/13/2014; Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)