§ 4-7.1303. Use of Sound-Amplifying Equipment.

Except as exempted in Section 4-7.1302(d) of this Code, it shall be unlawful to use or operate sound-amplifying equipment in any outdoor location in violation of any of the following regulations. These regulations are enacted to minimize the negative effects of noise on surrounding areas.

(a)

The only sounds permitted to be amplified are music or human speech. Amplified music or human speech shall not be obscene.

(b)

Sound-amplifying equipment shall be operated only between 8:00 a.m. and 9:00 p.m. However, this time limitation may be modified by the City of Modesto for a particular activity if the person requesting such change can demonstrate to the City that the benefit to the general public caused by such modification will be substantially greater than the detriment caused to those in the immediate area who may be negatively affected by the sound due to the proposed earlier or later use.

(c)

Sound-amplifying equipment shall not be operated closer than one thousand (1,000) feet to hospitals, schools when in session, and churches when services are being conducted.

(d)

No sound vehicle or sound-amplifying equipment shall be erected, maintained, or operated in any area zoned as residential under the zoning ordinances of this Code, closer than two hundred (200) feet to any such zone, or upon any street or sidewalk within or abutting any such zone. However, this location restriction may be modified by the City of Modesto for a particular activity if the person requesting such change can demonstrate to the City that the benefit to the general public caused by such modification will be substantially greater than the detriment caused to those in the immediate area who may be negatively affected by the sound due to their proximity to the sound.

(e)

The sound generated shall be controlled so that its volume level, duration, or character does not annoy, disturb, injure, or endanger the comfort of reasonable persons of ordinary sensibility within the City.

(f)

Sound-amplifying equipment shall not be used to broadcast, advertise, or promote any commercial product or service; providing, however, that this restriction does not apply to the broadcast of a commercial advertising message by a commercial radio station or by a commercial television station.

(Added by Ord. 2765-C.S., § 1, effective 7-11-91)