§ 34-94. Radios, tape players on publicly owned property.

(a)

As used in this section, the phrase "a person of normal hearing sensitivity" means a person who has a hearing threshold level of between zero decibels and 25 decibels HL averaged over the frequencies 500, 1,000 and 2,000 hertz.

(b)

Notwithstanding any other section of this Code and in addition thereto, it is unlawful for any person to permit or cause any noise, sound, music or program to be emitted from any radio, tape player, tape recorder, record player or television outdoors on or in any publicly owned property, park or place when such noise, sound, music or program is audible to a person of normal hearing sensitivity 100 feet from the radio, tape player, tape recorder, record player or television.

(c)

Notwithstanding any other section of this Code, any person violating this section shall be guilty of an infraction and upon conviction thereof, is punishable as provided in section 1-21.

(d)

Notwithstanding sections 46-1 and 46-2 or any other section of this Code, no citation or notice to appear shall be issued or criminal complaint shall be filed for a violation of this section unless the offending party is first given a verbal or written notification of violation by any peace officer, public officer, park ranger or other person charged with enforcing this section and the offending party given an opportunity to correct the violation.

(e)

This section shall not apply to broadcasting from any aircraft, vehicle or stationary sound amplifying equipment as defined and regulated in chapter 5.56 of the Sacramento County Code; the use of radios, tape players, tape recorders, record players or televisions in the course of an assembly or festival for which a license has been issued pursuant to section 9.36.072 of the Sacramento County Code; a parade for which a permit has been issued pursuant to section 10.32.020 of the Sacramento County Code; or any other activity, assembly or function for which a permit or license has been duly issued pursuant to any section of this Code or the Sacramento County Code.

(Ord. No. 2015-011, § 1, 1-14-2016)