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HomeMy WebLinkAboutTC Ord 1965-08-23 ORD I NANCE NO. 39 AN ORDINANCE OF THE CITY OF TIBURON REGULATING AND PROHIBITING THE MAKING OF UNNECESSARY NOISES AND PROVIDING FOR A PENALTY THEREFOR The City Council of the City of Tiburon does ordain as fol lows: Section I. Statement of Findings and Purpose. It Is found and declared that: (a) The making and creation of loud, unnecessary or unusual noises emanating from places of business within the limits of the City of Tiburon is a condition whic~ has existed for some time, and the extent and volume of such noises are increasing. (b) Such noises are a detriment to publ ic health, comfort, convenience, safety and welfare of the residents of the City of Tiburon. (c) The necessity in the publ ic Interest for the prOVISions hereinafter contained and enacted, Is declared as a matter of legislative determination and public policy, and it Is further declared that the provisions herein contained and enacted ?IG in pursuance of and for the purpose of securing and promoting the public health, comf ,-t, convenience, safety, welfare and prosperity, and the peace and quiet of the City of Tlburon and its inhabitants. Section 2. Definitions. (a) "Instrument" means any loudspeaker, sound amplifier, radio receiving set or other machine, device, apparatus or instrument for intensification or amplification of the human voice, music, sound or noise, which is c~st upon the public streets. (b) "Person" shall include corporations, associations, syndicates, partner- ships, joint stock corporations, clubs, trusts, societies and individuals. Section 3. Noise Prohibited. It shal I be unlawful for any person, without having obtained a permit as hereinafter provided, to_~?e, operate, play, or permit to be used, operated or played, within the areas deslgn1l'by the zoning ordinances as C-P or H-I, ~~c~ any instrument as herein defined. Section 4. Permit. (a) Any person who desires to use, operate, play or permit to be used, operated or played, within the areas referred to in Section 3, any instrument the sound from which is to be cast upon the publ ic streets, may apply for a permit to do so by fil ing with the City Manager a written request for such permit, containing information, including, but not limited to, the name of the applicant, the number and type of Instruments, the location of the instrument or Instruments, the range of sound from such instrument or instruments, the occasion and purpose of the proposed use, operation or playing of such Instrument or instruments, and such other information as the City Manager deems necessary. (b) Any person aggrieved by any decision of the City Manager with respect to the refusal to Issue such permit may appeal to the City Council by filing a written notice of appeal with the Clerk of the Council, within five (5) days after the said decision. Such notice shal I set forth in detail the action and the grounds by and upon which the person deems himself aggrieved. The Council shal I thereupon fix a time and place for hearing such appeal, which shall be not later than thirty (30) days following the fll ing of the notice. The Clerk of the Council shal I give notice to such person of the time and place of hearing no later than five (5) days prior thereto by serving it personally or by depositing it in the United States Post Office at Tlburon, California, postage prepaid, addressed to such person at his last known address. The Councl I shal I have authority to determine al I questions raised on such appeal. (0) It is the purpose and intent of this Section to allow the use, operation and playing of Instruments in conjunction with, and related to, special occasions, such as, but not limited to, publ ic hol idays, public festivities, boat or yacht races, and publ ic sporting events. ,f' (d) For the protection of the publ ic interest, the City Manager, or the City Council, in granting such permit, may attach such conditions as, in their judgment, thE publ ic interest may require, and in the consideration of any request for permit, attention shal I be given to al I pertinent facts which may affect the health, morals, safety and general welfare of the publ ic, and there shal I be exercised a reasonable anc sound discretion with reference to tho special occasions referred to above. (0) It shal I be unlawful for any person to use, operate, play, or permit tc be used, operated or played, any instrument in violation of the terms and conditions 0' such permit as may have been issued by the City Manager or the City Counci I. Section 5. Penalties. Any person who violates any provision of this ordinance shal: be deemed gui Ity of a misdemeanor and upon conviction thereof shal I be fined not exceed- ing Five Hundred Dol lars($500.00) or by imprisonment for not more than six (6) months, or by both said fine and imprisonment. Section 6. Declaration of Nuisance. It is hereby declared that any violation o~ any of the prov i s ions of 1-h i S ord i nance sha II be and is hereby doc I ared un I awfu I and c publ ic nuisance and the City Attorney, on direction of tho City Council, shal I institute necessary legal proceedings for the abatement or enjoihment thereof in the manner provided by law and shal I take such other steps as may be necessary to accompl ish those ends. Section 7. Separabil ity. It is the intention of the City Council that each separate provision of this ordinance shal I be deemod independent of al I other provisions herein, and it is further the intention of the City Councl I that if any provision of this ordinance be declared to be invalid, all other provisions thereof shal I remain val id and enforceable. Section 8. Enactment. This ordinance is to take effect and be in force at the expiration of thirty (30) days from and after Its passage, and before the expiration of fifteen (15) days after its passage the sa~e shal I be publ ished, with the names of the members voting for and against the same, at least once in a newspaper of general circul- ation publ ished in the City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon on the 23rd day of August , 1965, by the following vote: AYES: COUNCILMEN: EI linwood, Hannahs, Hoffmire, Parnel I, Strawbridge NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None UM-n II, ~ GO DON W. STRAWBR I Mayor of the City of Tibu n ATTEST: ~~u-Di2- CE D. ROSE, City Clerk