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Good Time Entertainment
531 "H" Street
Bakersfield, CA 93304

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Serving All Of California Since 1990

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Bakersfield Municipal Code on Cabarets Licenses and Regulations Bakersfield Municipal Code on Amplified Sound Permits

Bakersfield Municipal Code on Amplified Sound Permits

Article II. Amplified sound.
9.22.080 Purpose.

The city council enacts this article for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary amplified sound. (Ord. 3924 § 3 (part), 1999)

9.22.090 Registration and permit required.

No person, other than personnel of law enforcement or governmental agencies, shall operate, maintain, or cause, allow or permit to be operated or maintained any sound equipment in the city before filing a registration statement in writing with the city finance director or his or her designee and procuring a valid permit. The registration statement shall be made on forms to be furnished by the city, shall be submitted no less than two working days prior to the event, shall be filed in duplicate and shall contain the following information:

  1. Name, address and telephone number of:
  2. 1. The registrant,
    2. The owner of the sound equipment,
    3. The person in direct charge of the sound equipment, and
    4. All persons who will use or operate the sound equipment;
  3. A general description of the sound equipment which is to be used;
  4. The location where such sound equipment is to be used; if on a sound truck, the name and address of the registered owner and the license number of same, and a general statement of the area or areas of the city in which such sound truck is to be operated;
  5. A general statement of the purpose for which such sound equipment is to be used;
  6. he proposed hours of operation of such sound equipment;
  7. The dates of proposed operation of such sound equipment;
  8. The maximum sound producing power of the sound equipment to be used. State the following:
  9. 1. The wattage to be used,
    2. The volume in decibels of the sound which will be produced,
    3. The approximate maximum distance sound will be transmitted from the sound equipment;
  10. The applicant shall pay a fee not to exceed the cost of processing any such application as set forth in Chapter 3.70. (Ord. 3924 § 3 (part), 1999)

9.22.100 Registration statement amendment.

All persons operating or maintaining, or causing, allowing or permitting to be operated or maintained any sound equipment shall amend any registration statement filed pursuant to this section within two working days after any change in the information therein furnished. (Ord. 3924 § 3 (part), 1999)

9.22.110 Issuance and display of permit.
  1. If the information on the registration statement demonstrates that the proposed operation will be consistent with the regulations in this chapter, the city finance director or his or her designee shall return to each registrant, one copy of such registration statement duly certified as a correct copy of such permit.
  2. Such permit shall be in the possession of any person operating the sound equipment at all times, and such permit shall be displayed promptly to any enforcement personnel upon request. (Ord. 3924 § 3 (part), 1999)
9.22.120 Regulations for use.
The operation or maintenance of sound equipment shall be subject to the following regulations:
  1. Only music and human speech are permitted.
  2. Operations are permitted only between the hours of nine a.m. and six p.m., of each day; except, that sound equipment operating from a fixed location on private premises included in a commercial or industrial zone by the provisions of Title 17 may be operated between the hours of nine a.m. and ten p.m. of any day. The hours of operation and location for use, including within the central traffic district, may be modified by special permit issued by the city manager as otherwise permitted by provisions of this municipal code.
  3. Sound equipment shall not be operated within one hundred yards of:
  4. 1. Any hospital;
    2. Any school, except after school hours and on days when school is not in session and when such school is not being used for the purpose of a public meeting;
    3. Any church, except when the same is not being used for religious services or classes;
    4. The City Hall or Kern County courthouses, except after five p.m. on weekdays or on weekends or legal holidays;
    5. Any mortuary or cemetery, when services are in progress.
  5. No sound truck or sound equipment shall be operated or maintained within the central traffic district where the volume of sound is audible for a distance in excess of fifty feet from the sound truck or the exterior boundaries of the premises upon which such sound equipment is located, except that the city council may issue a permit for the installation and operation of a stationary sound equipment affixed to a building for the reproduction or amplification of music or bell tones to be reproduced at regular stated intervals and for a stated period each time, during the day between nine a.m. and ten p.m., upon compliance with all other provisions of this chapter and amendments thereto; and, provided further, that the volume of sound shall be controlled so that it will not be audible for a distance of more than six hundred feet from the point of location of such sound equipment; and, provided further, that such permit may be revoked at any time by the city council, upon satisfactory evidence that such use of such equipment is a nuisance to the surrounding neighborhood, and disturbs and interferes with the reasonable and comfortable enjoyment of life or property of persons residing or working in the neighborhood of such equipment.
  6. Except as otherwise stated in this section or by special permit referred to in subsection B of this section, the volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred fifty feet from the exterior boundaries of the premises upon which such sound equipment is located, and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance.
  7. When any loudspeaker, public address system, sound amplifier, radio or phonograph equipped with loudspeaker, jukebox or any other machine or device for the amplification or reproduction of the human voice, music or any other sound is so arranged, operated or equipped that it can be heard both inside and outside of the building or premises where the same is maintained, and such machine or device is operated at times other than those in which the operation of sound equipment is permitted under the provisions of this chapter, then such machine or device shall be equipped with a control switch located inside such building or premises, in such a manner that all speakers located outside such building or premises can be turned off at times when the operation of sound equipment is prohibited by this chapter. (Ord. 3924 § 3 (part), 1999)

9.22.130 Amplification from aircraft prohibited.

No person shall operate, or cause, allow or permit to be operated any aircraft for any purpose in or over the city from which any sound equipment is being operated with volume sufficiently loud to be audible to a person of average hearing faculties or capacity in or on any private premises in such city. (Ord. 3924 § 3 (part), 1999)

9.22.140 Amplified sound from vehicles.

Except as otherwise allowed under this chapter, no person shall use or operate or permit to be used or operated a radio, tape player, tape recorder, compact disc player, or any similar device in or attached to a vehicle whether moving, stopped or parked, occupied or unoccupied, which is audible to a person of normal hearing sensitivity more than fifty feet from such vehicle or, as to any vehicle not located on a public street, so audible more than fifty feet from the property line of the property on which such vehicle is located. This section shall not apply to acts proscribed by Vehicle Code Section 27007 after the effective date of such section, to any sound system being operated to request assistance or to warn of a hazardous situation, to any authorized emergency vehicle or vehicles operated by gas, electric, communications or water utilities. (Ord. 3924 § 3 (part), 1999)

9.22.150 Revocation.
  1. Any permit issued pursuant to this chapter may be immediately revoked by the city finance director or his or her designee whenever he or she finds:
  2. That the applicant has done any act related to the application involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or
  3. That the permit holder has violated any provision of this chapter or any other applicable law; or
  4. That any of the terms or conditions of such permit have been violated. (Ord. 3924 § 3 (part), 1999)

9.22.160 Appeal.

  1. 1. The decision of the city finance director on any registration statement filed under this chapter may be appealed to the city manager or his or her designee.
    2. The applicant must file the appeal with the office of the city manager within five days of the mailing or delivery of such decision.
    3. The city manager or his or her designee shall hold a hearing within three days of the filing of such appeal at the office of the city manager, at which hearing the applicant may present any evidence, testimony and information relevant to the registration statement.
    4. The city manager or his or her designee may, within twenty-four hours after the conclusion thereof, issue a decision either affirming the denial of the application or directing the city finance director to issue a permit as applied for or upon such conditions as are reasonable under all the circumstances, in accordance with this chapter. The city manager or his or her designee shall specify the grounds for denial or the imposition of conditions.
  2. 1. Should any applicant be dissatisfied with the decision of the city manager not to grant a permit or for the revocation of a permit, then such applicant may, no later than ten days after notice of such hearing is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear such objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to such hearing. The council may, upon such hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive.
    2. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council’s decision. (Ord. 3924 § 3 (part), 1999)



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