[HISTORY: Adopted by the City Council of
the City of Lebanon by Ord. No. 17; effective 9-1-1963. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise by vendors — See Ch. 179.
A.
It is hereby declared that:
(1)
The use or operation of public address systems, loud
speakers and other similar amplifying systems for the reproduction
and amplification of the human voice, music and other sounds is a
condition which has existed for some time and the extent and volume
of such use is increasing; and that
(2)
The continued uncontrolled use and operation of public
address systems, loud speakers and other similar amplification systems
on the street, in front of or outside of any building, place or premises,
or in any vehicle operated, standing or being in or on any public
street, highway, park or place, or from any stand, platform or other
structure or anywhere on or in the public streets, parks or places
is detrimental to the public health, comfort, convenience, safety
and welfare of the citizens of the City of Lebanon, and that
(3)
The continued uncontrolled use or operation of such
public address systems, loud speakers and other similar amplifying
systems diverts the attention of pedestrians and vehicle operators
in the public streets, highways, parks and places, thus increasing
traffic hazards and causing injury to life and limb; therefore
B.
It is hereby declared as a matter of legislative determination
and necessity in the public interest that the rules, regulations and
provisions hereinafter contained be and are hereby enacted for the
purpose of securing and promoting the public health, comfort, convenience,
safety and welfare, and the peace and quiet of the City of Lebanon
and its inhabitants.
A.
The rules and regulations herein contained shall apply
to any person, firm, corporation, association, club, partnership,
society or any other form of association or organization.
B.
The City of Lebanon upon its own motion, or upon application
and for good cause shown, may modify, suspend, repeal or amend the
provisions of any rule or regulation or section herein contained.
The sections of these rules and regulations, and the parts thereof,
are separable. If any portion of these rules and regulations, or the
application thereof to any person or circumstance, shall be held invalid,
the remainder thereof or the application of such invalid portions
to other persons or circumstances shall not be affected thereby.
Wherever used in this article, the following
terms shall mean and include;
Includes the singular and plural and also any person, firm,
corporation, association, club, partnership, society or any other
form of association or organization.
Any public address systems, loud speakers, radios, phonograph
machine, device or apparatus for the amplification and reproduction
of the human voice, music or other sounds.
Any vehicle having mounted thereon or attached thereto any
sound-amplifying equipment or apparatus.
A.
It shall be unlawful for any person to use or operate
or cause to use or operate any sound-amplifying equipment for commercial
or noncommercial purposes on the street, in front of or outside of
any building, place or premises, or in any vehicle operated, standing
or being in or on any public street, highway, park or place or from
any stand, platform or other structure or anywhere on or in the public
streets, highways, parks or places within the corporate limits of
the City of Lebanon unless he/she shall first obtain a permit from
the City of Lebanon in the manner hereinafter prescribed and in accordance
with the provisions of this article.
B.
The use of profane, lewd, indecent or slanderous human
speech and music reproduced or amplified by means of sound-amplifying
equipment is expressly prohibited.
[Amended 8-16-2023 by Ord. No. 2023-04]
A.
Each applicant for a permit shall file a completed
application with the City at least three days prior to the date upon
which such sound amplifying equipment or apparatus is to be used or
operated.
[Amended 8-16-2023 by Ord. No. 2023-04]
A.
The issuing authority shall be the City Manager, and
a permit shall not be denied for any specific time, location or use
to any applicant who complies with the provisions of this article,
except as hereinafter excepted:
(1)
Improper and incorrect application.
(2)
Overlap in the granting of permits for the same purpose
or for more than one purpose within a maximum of 100 yards of each.
(3)
(Reserved)
(4)
In any location between the hours of 10:00 p.m. and
8:00 a.m.
(5)
In or on any vehicle standing or in motion between
the hours of 10:00 p.m. and 8:00 a.m.
(6)
In any location where the volume of sound emitted
from the sound-amplifying equipment will be audible for a distance
in excess of 100 yards from the place or places where such sound-amplifying
equipment or apparatus will be located.
(7)
In any location where, upon investigations by the
issuing authority, it shall be determined that the conditions of vehicular
and/or pedestrian traffic are such that the use of sound-amplifying
equipment or apparatus will constitute a threat to the safety of pedestrians
or vehicle operators.
B.
The City Manager may issue permits for single occurrences,
or on a quarterly, semiannual or annual basis. Permits issued quarterly,
semiannually or annually shall be renewed on or before the anniversary
date of the permit to allow continued use of the sound-amplifying
equipment.
[Amended 8-16-2023 by Ord. No. 2023-04]
Except between the hours of 1:00 p.m. and 8:00
p.m., on Sundays and legal holidays, and only by special permission
of the City Manager for good cause shown, permission to use and operate
sound-amplifying equipment shall not be granted. This is so ordered
to ensure against interference with religious services or civic observances
and the general tranquility of the community.
[Amended 8-16-2023 by Ord. No. 2023-04]
The permit shall be kept at all times where
it can be readily obtained and promptly shown to any City Official
or employee of the City of Lebanon upon request.
The provisions of this article shall not apply
to the use of sound-amplifying equipment and apparatus in the following
uses:
A.
Any house of worship on or within its own premises
in connection with its religious rites or ceremonies.
[Amended 8-16-2023 by Ord. No. 2023-04]
B.
Authorized band concerts, street dances, street fairs
and special events.
C.
Athletic contests when held within the confines of
a stadium, athletic field or municipal park or playground.
D.
Use by the several departments of the municipal government
in the proper exercise of their individual functions.
E.
Use in a nonresidential zoning district when specifically
approved by the City Manager and found not to have any negative impacts
and with any condition the City Manager may choose to place on it.
[Added 8-7-1996; amended 8-16-2023 by Ord. No. 2023-04]
No permit fees shall be imposed upon any applicant
for permit under the terms of this article.
Any person who shall violate any provision of this article, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions.
