§ 49.

UNNECESSARY NOISE, AUTHORIZED EMERGENCY VEHICLES

a.

Except as provided in Sections 43, 45, 46, 47.1, 47.2, and 48 of this Code, and to amplifying equipment used in authorized emergency vehicles as defined in the California Vehicle Code, it shall be unlawful for any person to use, operate, maintain, or permit to be played, used or operated any radio or television receiving set, musical instrument, phonograph, juke box, broadcasting equipment or other machine or device for the producing, reproducing or amplification of sound or human voice in such manner as to produce raucous noises or in such manner so as to disturb the peace, quiet and comfort of persons in the neighborhood or with volume louder than is necessary for convenient hearing for the person or persons for whom said machine, instrument or device is operated.

b.

The operation of any such set, instrument, phonograph, juke box, broadcasting equipment, machine or device between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 50 feet from the property line of the property from whence the sound is emitted, shall be prima facie evidence of a violation of this Section.

c.

The operation of any such set, instrument, phonograph, juke box, broadcasting equipment, machine or device at any time in such a manner as to cause a noise level in excess of the standards set forth in Article 29 of this Code shall be prima facie evidence of a violation of this Section.

d.

Any person who violates this Section shall be deemed guilty of an infraction or misdemeanor and subject to the criminal penalties specified in Section 1060.25(a) as well as the civil penalties specified in Section 1060.25(c).

e.

In addition to the criminal and civil penalties in Subsection (d), the Director of the Department of Public Health, or his or her respective designee, may also issue administrative citations for the violation of this Section. San Francisco Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Subsection (e). For purposes of calculating and imposing the administrative penalties under this Subsection (e), each day a violation occurs or continues shall constitute a separate violation. The Director of the Department of Public Health may recover any costs and fees, including but not limited to attorneys’ fees, for enforcement initiated through this Section and authorized under this Section.

f.

The remedies specified in this Section shall not preclude any other remedies available under state or local law.

History

(Added by Ord. 172-69, App. 5/21/69; amended by Ord. 274-72, App. 9/20/72; Ord. 278-08, File No. 081119, App. 11/25/2008; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

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