10.48 Sound Trucks - Loudspeakers - Advertising Vehicles
10.48.050 Noncommercial--Registration statement--Amendment.
10.48.060 Noncommercial--Registration statement--Certified copy.
10.48.070 Noncommercial--Use regulations.
10.48.110 Commercial--License--Possession and display.
10.48.120 Commercial--Use regulations.10.48.010 DEFINITIONS.
(a) "Advertising vehicle" as used herein means any motor vehicle, or animal-drawn vehicle, having mounted thereon or attached thereto any sound amplifying equipment or billboard or other display advertising equipment, including, but not limited to, trailers and other attachments to the motor vehicle, or animal propelled vehicle.
(b) "Sound amplifying equipment" as used herein means any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes.
(c) "Sound truck" as used herein means any motor vehicle, or animal-drawn vehicle, having mounted thereon or attached thereto any sound amplifying equipment, including, but not limited to, trailers or other vehicles attached to said motor vehicle or animal propelled vehicle. (Prior code § 73.34).10.48.020 NONCOMMERCIAL -- REGISTRATION -- REQUIRED -- STATEMENT.
No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for noncommercial purposes in the city before filing a written registration statement in quadruplicate with the chief of police, which statement shall give the following information:
(1) Name and home address of the applicant;
(2) Address of place of business of applicant;
(3) License number and motor number of sound truck to be used by applicant;
(4) Make and type of sound truck, its length, width and weight;
(5) Name and address of person who owns sound truck;
(6) Name and address of person having direct charge of sound truck;
(7) Names and addresses of all persons who will use or operate sound truck;
(8) The purpose for which sound truck will be used;
(9) A general statement as to the section or sections of city in which sound truck will be used;
(10) Proposed hours of operation of sound truck;
(11) Number of days of proposed operation of sound truck;
(12) General description of the sound amplifying equipment which is to be used;
(13) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck. State the following:
(a) The wattage to be used,
(b) The volume in decibels of the sound which will be produced,
(c) The approximate maximum distance for which sound will be thrown from sound truck. (Prior code § 73.35 (a)).10.48.030 NONCOMMERCIAL -- PERMIT -- ISSUANCE -- DENIAL.
If the chief of police finds that said statement shows facts complying with the regulations contained in Section 10.48.070, he shall recommend that a permit be issued and transmit a copy of the statement to the city manager, who shall thereupon issue a permit for the operation of such sound truck. If the chief of police finds that the statement fails to show facts complying with said regulations, he shall transmit a copy of the statement to the city manager with a recommendation that a permit be denied, and the city manager shall thereupon deny such permit, unless such application is amended so that the operation, if allowed, will conform with the requirements of the regulations for use set forth in Section 10.48.070. (Prior code § 73.35 (b)).10.48.040 NONCOMMERCIAL -- PERMIT -- APPEAL -- HEARING.
In the event that the permit is denied, the applicant may file with the city clerk a written notice of appeal to the council from the ruling of the city manager.
The city clerk shall set the hearing of said appeal to the council at a date not to exceed twenty-one days from the date of filing said notice of appeal. The clerk shall transmit to applicant by United States mail, postage prepaid, written notice of such hearing which shall be mailed at least ten days before the date fixed therefor, and shall be addressed to the applicant at his residence address as it appears on his registration statement.
The council may continue the hearing on the application from time to time, but the final decision of council shall be made not later than sixty days after the filing of such appeal. At the hearing on the application, the council may examine witnesses under oath and take such evidence as it may desire. It may order such permit issued with or without modifications, and council's findings and decision thereon shall be final and conclusive on applicant. (Prior code § 73.35 (c)).10.48.050 NONCOMMERCIAL -- REGISTRATION STATEMENT -- AMENDMENT.
All persons using, or causing to be used, sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to
Section 10.48.020 within forty-eight hours after any change in the information therein furnished. (Prior code § 73.35 (d)).10.48.060 NONCOMMERCIAL -- REGISTRATION STATEMENT -- CERTIFIED COPY.
The clerk shall return to each applicant under Section 10.48.020, one copy of the registration statement duly certified by the clerk as a correct copy of said application. The certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation and said copy shall be promptly displayed and shown to any policeman of the city upon request. (Prior code § 73.35 (e)).10.48.070 NONCOMMERCIAL -- USE REGULATIONS.
Noncommercial use of sound trucks in the city with sound amplifying equipment in operation shall be subject to the following regulations:
(1) The only sounds permitted are music and human speech;
(2) Operations are permitted each day except Good Friday, and the following legal holidays: Sundays, Christmas Day, Thanksgiving Day and Memorial Day.
The permitted hours of operation within the central traffic district are between the hours of eight a.m. and ten a.m., and two p.m. and four p.m.
The permitted hours of operation outside the central traffic district are between the hours of ten a.m. and eight p.m.
Provided, however, that a sound truck which is a portion of an authorized procession may be permitted to operate at such times and on such days as such procession is allowed to operate;
(3) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when the truck is stopped or impeded by traffic. Where stopped by traffic, the said sound amplifying equipment shall not be operated for longer than one minute at each such stop.
Provided, however, that the requirement of minimum speed of ten miles per hour and the maximum time of operation of sound amplifying equipment of one minute when standing shall not apply under either of the following conditions:
(a) Where such sound truck is standing on private property, such as a parking lot or driveway, or
(b) Where such sound truck is standing on such private property or on a public street or other public property, on which vehicles are permitted, between the hours of eight p.m. and ten p.m. within the central traffic district or other commercial district;
(4) Sound shall not be issued within one hundred yards of hospitals and schools, churches, courthouses or public libraries, during their regular hours of use;
(5) No sound truck, including equipment, of a total outside width of more than ninety-six inches, or a total outside length of more than two hundred four inches shall be permitted to operate within the city;
(6) The human speech and music amplified shall not be profane, lewd, indecent or slanderous;
(7) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred feet from the sound truck and so that said volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility;
(8) No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification. (Prior code § 73.35 (f)).10.48.080 COMMERCIAL -- LICENSE -- REQUIRED.
No person shall operate, or cause to be operated, any advertising vehicle in the city for commercial advertising purposes unless a license has been obtained from the city license collector. The fee for the license shall be one dollar for each day during which such vehicle operates. (Prior code § 73.36 (a)).10.48.090 COMMERCIAL -- LICENSE -- APPLICATION.
Persons applying for the license required under Section 10.48.080 shall file with the chief of police an application in writing in quadruplicate, giving in said application the information required in the registration statement under Section 10.48.020. (Prior code § 73.36(b)).10.48.100 COMMERCIAL -- LICENSE -- ISSUANCE.
The chief of police shall examine the application, and if he finds it in order, he shall recommend that a license be issued, and shall transmit a copy of the application to the license collector, who shall issue a license under Section 10.48.080 upon payment of the required license fee; provided that, in the event that the application required in Section 10.48.090 reveals that applicant would violate the regulations prescribed in Section 10.48.070 or the provisions of some other section of this code, the chief of police shall recommend the denial thereof, and transmit such recommendation to the license collector, who shall deny the license. The provisions regarding the right to, time and manner of, appeal therefrom, hearing by the council and its findings thereon, and the finality thereof, as contained in Section 10.48.040 shall apply to instances in which applicants under this section may appeal from a denial of a license. (Prior code § 73.36(c)).10.48.110 COMMERCIAL -- LICENSE -- POSSESSION AND DISPLAY.
A licensee shall keep such license in his possession in the advertising vehicle during the time the sound truck's sound amplifying equipment is in operation. The license shall be promptly displayed and shown to any policeman of the city upon request. (Prior code § 73.36(d)).10.48.120 COMMERCIAL -- USE REGULATIONS.
No person shall operate, or cause to be operated, any advertising vehicle for commercial advertising purposes in violation of the regulations set forth in Section 10.48.070. The words "advertising vehicle" shall be substituted for the purposes of this section for the words "sound truck" as used in Section 10.48.070. (Prior code § 73.36(e))