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File #: 25-0326    Name:
Type: Consent Item Status: Agenda Ready
File created: 3/6/2025 In control: City Council
On agenda: 3/11/2025 Final action:
Title: ADOPT BY TITLE ONLY ORDINANCE NO. 3290-25 AMENDING MUNICIPAL CODE ARTICLE 5 OF CHAPTER 24 TO TITLE 4 REGARDING SOUND AMPLIFYING EQUIPMENT AND MUNICIPAL CODE CHAPTER 2 TO TITLE 1 REGARDING INFRACTIONS, FOR SECOND READING AND ADOPTION
Attachments: 1. Administrative Report, 2. 3290-25 Ordinance Sound Amplifying Equipment
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To:                                                               MAYOR AND CITY COUNCIL

From:                                                               MICHAEL W. WEBB, CITY ATTORNEY                                       JOY FORD, QUALITY OF LIFE PROSECUTOR

 

TITLE

title    

ADOPT BY TITLE ONLY ORDINANCE NO. 3290-25 AMENDING MUNICIPAL CODE ARTICLE 5 OF CHAPTER 24 TO TITLE 4 REGARDING SOUND AMPLIFYING EQUIPMENT AND MUNICIPAL CODE CHAPTER 2 TO TITLE 1 REGARDING INFRACTIONS, FOR SECOND READING AND ADOPTION

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EXECUTIVE SUMMARY

On February 4, 2025, Councilmember Todd Loewenstein moved to direct staff to draft an ordinance that prohibited the use of amplifying sound equipment between the hours of 10:00 p.m. and 9:00 a.m.  The Ordinance was presented to City Council for First Reading on February 18, 2025.  The Ordinance is now ready for adoption and, if approved, would take effect in thirty days.

 

BACKGROUND

Around October of last year, the police department began to receive calls for service at the Sonesta Hotel, located at 300 North Harbor Drive in the City of Redondo Beach regarding approximately fifteen demonstrators using horns and public address (PA) systems.  The police department received a total of twenty-nine (29) similar calls for service between October 2024 and January 2025 at this location.  Seventeen (17) of those calls occurred between 7:00 a.m. and 8:00 a.m.  The remaining twelve (12) calls occurred at noon or later. 

 

The noise level far exceeded the maximum permissible sound levels by land use categories; however, identifying suspects for enforcement action proved to be difficult with the number of people contributing to the noise levels caused by the sound amplifying equipment being used, in addition to not having proper equipment to measure the sound level.  Officers were also cautious not to infringe on anyone’s First Amendment rights. 

 

On February 4, 2025, the City Council had a discussion regarding city ordinances regulating noise generated by protests in public areas and the hours during which protests are allowed to occur.  Councilmember Todd Loewenstein made a motion to bring back a change in the ordinance to allow for time limitations on amplified sound between 10:00 p.m. and 9:00 a.m.  On February 18, 2025, the City Council and Mayor introduced the Ordinance for first reading. 

 

In 2017, San Francisco passed a noise ordinance in its Police Code regarding Outdoor Amplified Sound Permits as a reasonable content-neutral time, place and manner regulation.  To date, that ordinance has not been challenged.  Attached is an amendment to the sound amplifying equipment ordinance of the Redondo Beach Municipal Code (RBMC) that is similar to the ordinance from the San Francisco Police Code.

 

The Ordinance also amends the RBMC so that a violation of the Ordinance is a misdemeanor.

 

COORDINATION

This is a coordinated effort involving the City Attorney’s Office and the Police Department.

 

FISCAL IMPACT

There is no direct cost to modify the RBMC.  Any enforcement actions will be absorbed by the police department’s annual operating budget as part of officers’ and code enforcement officers’ regular duties.

 

Submitted by:

Michael W. Webb, City Attorney

Joy Ford, Quality of Life Prosecutor

 

ATTACHMENT

                     Ordinance Sound Amplifying Equipment