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AMENDING SECTIONS 9.52.160 AND 9.52.190 AND REPEALING SECTION 9.52.180 OF THE LAKEWOOD MUNICIPAL CODE REGARDING THE ISSUANCE OF SOUND-AMPLIFYING EQUIPMENT PERMITS BETWEEN THE HOURS OF TEN PM AND MIDNIGHT

Whereas, Lakewood Municipal Code allows for the use of sound-amplifying equipment between the hours of ten p.m. and midnight by permit; and

Whereas, the Lakewood Municipal Code states that the intensity and loudness of any amplified sound between the hours of ten p.m. and midnight shall not be unreasonable; and

Whereas, the Lakewood Police Department has responded to numerous calls for service due to unreasonable amplified sound complaints at locations permitted to use sound-amplifying equipment until midnight; and

Whereas, it is the desire of the City Council to eliminate the issuance of noise permits for use of sound-amplifying equipment between the hours of ten p.m. and midnight.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD THAT:

Section 1. Section 9.52.160(A) of the Lakewood Municipal Code shall be amended to read as follows:

9.52.160 Amplified sound.
A. No person shall use or operate any loudspeaker, public address system, or other sound-amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons, between the hours of ten p.m. of one day and seven a.m. of the following day, in such a manner as to be plainly audible at the property line. The intensity and loudness of any amplified sound, which is transmitted between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable.

Section 2. Section 9.52.180 of the Lakewood Municipal Code shall be repealed.

Section 3. Section 9.52.190 of the Lakewood Municipal Code shall be amended to read as follows:

9.51.190 Permit issuance.
Permits required by Sections 9.52.170 and 9.52.180 may be issued by the City Clerk if the City Clerk finds that the conditions of motor vehicle movement or pedestrian movement are such that the use of the equipment will not constitute an unreasonable interference with traffic safety, that the applicant will not violate the hour restrictions of the permit, and that the use of the sound-amplifying equipment will not disturb the peace and quiet of any neighborhood. An applicant may appeal the denial of a permit by the City Clerk to the City Manager if such appeal is filed in writing with the City Manager within seven days of the denial of said permit by the City Clerk. The City Manager or his designee shall conduct any hearing and/or review of the denial of the permit request, and his decision shall be final. The City Manager may promulgate rules and regulations or procedures to govern any such hearing and/or review.

Section 4. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 13th day of May, 2002; published in full in the Lakewood Sentinel on the 16th day of May, 2002; set for public hearing on the 10th day of June, 2002; read, finally passed and adopted by the City Council on the _____ day of June, 2002; and signed and approved by the Mayor on the ____ day of June, 2002.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

CHANGES TO ORDINANCE SHOWN BELOW

Section 1. Section 9.52.160(A) of the Lakewood Municipal Code shall be amended to read as follows:

9.52.160 Amplified sound.
A. No person shall use or operate any loudspeaker, public address system, or other sound-amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons, between the hours of ten p.m. of one day and seven a.m. of the following day, in such a manner as to be plainly audible at the property line. provided, however, that if a permit has been issued by the City Clerk pursuant to Section 9.52.190, the intensity and loudness of any amplified sound between the hours of ten p.m. and midnight of the same day shall not be unreasonable. In any event. The intensity and loudness of any amplified sound, which is transmitted between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable.

Section 2. Section 9.52.180 of the Lakewood Municipal Code be repealed in its entirety as follows:

9.52.180 Application for permit to use sound-amplifying equipment until midnight.
Any person, partnership, association or corporation desiring to use or operate any loudspeaker, public address systems, or other sound-amplifying equipment for the purpose of giving instructions, directions, talks, addresses, or lectures, or for transmitting music or sound to any persons or assemblages of persons between the hours of ten p.m. and midnight of the same day, for either a commercial or noncommercial purpose, must first obtain a permit from the City Clerk. Such a permit may only be issued by the City Clerk for Friday or Saturday evenings. The City Clerk may not approve more than two permits per calendar year to be used at any one site within the city. The application for a permit shall be filed with the City Clerk and shall provide the following information:

A. The name, address and telephone number of both the owner and the user of the sound amplifying equipment;

B. The general description of the sound-amplifying equipment which is to be used;

C. Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes;

D. The location where the sound-amplifying equipment will be operated; and

E. The date upon which the sound amplifying equipment will be used. (Ord. O-86-42 § 1 (part), 1986).

Section 3. Section 9.52.190 of the Lakewood Municipal Code be changed as follows:

9.51.190 Permit issuance.
Permits required by Sections 9.52.170 and 9.52.180 may be issued by the City Clerk if the City Clerk finds that the conditions of motor vehicle movement or pedestrian movement are such that the use of the equipment will not constitute an unreasonable interference with traffic safety, that the applicant will not violate the hour restrictions of the permit, and that the use of the sound-amplifying equipment will not disturb the peace and quiet of any neighborhood. An applicant may appeal the denial of a permit by the City Clerk to the City Manager if such appeal is filed in writing with the City Manager within seven days of the denial of said permit by the City Clerk. The City Manager or his designee shall conduct any hearing and/or review of the denial of the permit request, and his decision shall be final. The City Manager may promulgate rules and regulations or procedures to govern any such hearing and/or review. (Ord. O-86-42 § 1 (part), 1986).

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