Title 8 HEALTH AND SAFETY
Chapter 8.16 SOUND EQUIPMENT
8.16.010 Definitions.
8.16.020 Noncommercial use--Registration required.
8.16.030 Noncommercial use--Amendment to registration statement required when.
8.16.040 Noncommercial use--Certification of registration to be displayed.
8.16.050 Noncommercial use--Rules and regulations for operation.
8.16.060 Commercial uses prohibited.
8.16.070 Sound amplification from aircraft prohibited.
8.16.080 Violation--Penalty.
8.16.010 Definitions.
For the purpose of this chapter, the following words and phrases shall
have the meaning herein specified:
A. “Commercial purpose” means
and includes the use, operation or maintenance of any sound equipment for the
purpose of advertising any business, or any goods, wares, merchandise or
services, or for the purpose of attracting the attention of the public to or
advertising for or soliciting patronage or customers to or for any performance,
show, entertainment, exhibition or event, or any lottery scheme or raffle, or
for the purpose of demonstrating any such sound
equipment.
B. “Noncommercial purpose” means the use, operation
or maintenance of any sound equipment for other than a commercial purpose, as
defined in this section.
C. “Person” includes the singular and
plural, and means and includes any person, firm, corporation, association, club,
partnership, society, or any other form of association or
organization.
D. “Sound equipment” means and includes any
loudspeaker, public address system, sound amplifier, radio or phonograph
equipped with a loudspeaker or sound amplifier, or any machine or device for the
amplification or reproduction of the human voice, music, or any other sound,
when operated or maintained in such a manner as to cause any such sound to be
audible to a person of average hearing faculties or capacity in, on or over any
public street, highway, sidewalk, public building, park, or other public place,
or any private premises other than the premises or vehicle upon which any such
machine or device is being operated or maintained. It shall not include the
operation of any public address system, loudspeaker or other machine or device
for the necessary amplification or reproduction of sound in connection with any
program, entertainment, contest, public celebration, performance, show, exhibit
or similar event, with a volume no louder than necessary for the convenient
hearing of those within the building, enclosure or space in which such program,
entertainment, contest, public celebration, performance, show, exhibition or
similar event is staged or conducted; or the operation of any radio receiving
set, musical instrument, phonograph or other machine or device for the producing
or reproducing of sound with a volume no louder than necessary for the
convenient hearing of the person or persons who are within the room, building,
vehicle, chamber or space in which such machine or device is operated, and are
voluntary listeners thereto; or warning devices on authorized emergency
vehicles, or horns or other authorized warning devices on any vehicle used only
for traffic safety purposes.
E. “Sound truck” means any vehicle
having mounted thereon, or attached thereto, any sound equipment, as defined in
this section. (Ord. 271 § 1, 1961)
8.16.020 Noncommercial use--Registration required.
No person shall operate, maintain, or cause or allow or permit to be
operated or maintained, any sound equipment for a noncommercial purpose in the
city before filing a registration statement in writing with the chief of police,
on a form to be provided by the chief of police. Such statement shall be filed
in duplicate, and shall contain the following information:
A. Name and
address of registrant;
B. Address of place of business or employment of
registrant;
C. Name and address of owner of sound equipment;
D. Name and
address of person in direct charge of sound equipment;
E. Names and
addresses of all persons who will use or operate the sound equipment;
F. A
general description of the sound equipment which is to be used;
G. 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 the same, and a
general statement of the section or sections of the city in which the sound
truck is to be operated;
H. A general statement of the purpose for which
such sound equipment is to be used;
I. The proposed hours of operation of
such sound equipment;
J. The dates of proposed operation of such sound
equipment;
K. The maximum sound-producing power of the sound equipment to be
used; state the following:
1. The wattage to be used,
2. The volume in
decibels of the sound which will be produced,
3. The approximate maximum
distance for which sound will be thrown from the sound equipment. (Ord. 271
§ 2(a), 1961)
8.16.030 Noncommercial use--Amendment to registration statement required when.
All persons operating or maintaining, or causing, allowing or permitting
to be operated or maintained any sound equipment for a noncommercial purpose
shall amend any registration statement filed pursuant to Sections 8.16.020
through 8.16.050 within forty-eight hours after any change in the information
furnished therein. (Ord. 271 § 2(b), 1961)
8.16.040 Noncommercial use--Certification of registration to be displayed.
The chief of police shall return to each registrant under Section 8.16.020
one copy of the registration statement duly certified by him as a correct copy
of the statement. The certified copy of the registration statement shall be in
the possession of any person operating the sound equipment at all times, and the
copy shall be displayed promptly to any peace officer upon request. (Ord. 271
§ 2(c), 1961)
8.16.050 Noncommercial use--Rules and regulations for operation.
The operation or maintenance of sound equipment for noncommercial purposes
shall be subject to the following regulations:
A. The only sounds permitted
are music or human speech.
B. Operations are permitted only between the
hours of nine a.m. and six p.m. of each day.
C. Sound equipment shall not be
operated on any sound truck on any street or highway in the city unless the
sound truck is operated at a speed of at least ten miles per hour, except when
such truck is stopped or impeded by traffic, or in obedience to traffic signs or
signals, or the lawful orders of any police officer. When such sound truck is
stopped by traffic in obedience to such traffic signals or police officer, the
sound equipment thereon shall not be operated for longer than one minute at any
one stop.
D. Sound shall not be issued within one hundred yards
of:
1. Any hospital;
2. Any school, except after school hours and on
days when school is not in session, and when the 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, except after
five p.m. and on legal holidays;
5. Mortuary or cemetery.
E. The human
speech or music amplified shall not be profane, lewd, indecent or
slanderous.
F. 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 vehicle,
or the exterior boundaries of the premises upon which the sound equipment is
located, and so that the volume is not unreasonably loud, raucous, jarring,
disturbing, or a nuisance to persons within the area of audibility. (Ord. 271
§ 2(d), 1961)
8.16.060 Commercial uses prohibited.
No person shall cause, allow or permit to be operated or maintained any
sound equipment for a commercial purpose within the city. (Ord. 271 § 3,
1961)
8.16.070 Sound 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 public street, highway,
sidewalk, public building, park, or other public place, or in or on any private
premises. (Ord. 271 § 4, 1961)
8.16.080 Violation--Penalty.
Any person violating any of the provisions of this chapter, or in any way
contributing to its violation, shall be guilty of a misdemeanor and, upon
conviction, shall be punishable by a fine not to exceed five hundred dollars, or
by imprisonment for not to exceed six months, or by both such fine and
imprisonment. (Ord. 271 § 6, 1961)
<< previous | next >>