3.         The City Clerk shall certify to the passage of this Ordinance and cause the City Attorney Synopsis of this Ordinance to be published once in a newspaper of general circulation, published and circulated in the City of Burbank, California.

    4.         This Ordinance shall become effective at 12:01 a.m. of the thirty-first day after publication.

BACKGROUND:

Burbank is fortunate to possess high quality park facilities.  They are used by a large number of individuals.  This is especially true during the summer months.  Some park users bring personal CD/tape players for their own or their party�s enjoyment.  Periodically, this has created some disturbances, however, during the past couple of years these musical amplification devices have created more and more problems with residential neighborhoods immediately adjacent to park facilities.

The current B.M.C. Section 21-213 (Attachment A) uses language which makes enforcement difficult.  This is frustrating to the complainant and the responding officer.

DISCUSSION:

During FY 2002-03 staff received a number of complaints from neighbors of individual parks concerning excessive use of amplified sound devices.  A number of meetings were held to discuss specific concerns and potential solutions.

Park, Recreation and Community Services staff met with the designated Police Officer assigned to the Park Patrol detail.  During the course of his and other officers� patrol, they contacted numerous groups and requested that park patrons lower the volume of their personal amplification devices.  While they adhered to the requests, oftentimes the volume was turned up once Officers departed.  This was confirmed by neighbors and Park, Recreation and Community Services staff assigned to weekend duty.  The current code covers �any noise causing the ambient noise level of interior residential areas to be exceeded by more than five decibels�.  However, this is not an ideal enforcement tool when dealing with complaints originating in park settings and negatively affecting surrounding residential areas.

On February 12, 2004 at the Park, Recreation and Community Services Board meeting, a representative from the Brace Park neighborhood requested that the Board recommend to City Council a change in the ordinance that regulates sound devices.  He shared that the problem is most severe during the summer months when the park attracts the largest number of patrons.   The Board agreed with staff�s recommendation to amend the code and to utilize language that is similar to the California Motor Vehicle Code, Chapter 5 Article 1, Section 27007, Sound Amplification Devices.   It states �no driver of a vehicle shall operate or permit the operation of any sound amplification system which can be heard outside the vehicle from 50 or more feet�.  This is slightly more than the width of a two lane street with parking lanes on both sides. 

On May 4, 2004 staff presented to City Council a recommendation to amend the existing code and utilize language consistent with the California Motor Vehicle Code dealing with sound amplification devices.  However, City Council expressed some concerns and directed staff to develop a new ordinance which would regulate the impact of unpermitted amplified music in park settings which negatively affects the adjacent residential neighborhoods.

This ordinance establishes a provision that prohibits unreasonable noise generated from radios, musical instruments, television sets or other machines or devices for the producing or reproducing of sound in parks or on the right-of-way adjacent to parks.  The ordinance creates a presumption that a sound amplification system which can be heard seventy-five feet away from the source of noise as measured from the closest boundary of the park is unlawful.  This ordinance is limited to noise when generated in parks or in the right-of-way adjacent to parks.  An exception to this presumption is if the noise is authorized by a park permit or other City approval. 

FISCAL IMPACT:

It is anticipated that the City of Burbank will not have a significant fiscal impact due to the adoption of this amendment.  There will be need to post signs noting the new regulations.  

RECOMMENDATION:

It is the recommendation of staff to introduce the proposed ordinance to add Chapter 21, Article 2, Section 21-213.5, Radios, Television Sets and Similar Devices in and Adjacent to Park Facilities of the Burbank Municipal Code.

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