The following words and phrases, when used in this article, shall have
the meanings respectively ascribed to them:
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.
Any motor vehicles or horse-drawn vehicles having mounted thereon
or attached thereto any sound amplifying equipment.
A.
Registration required. No person shall use or cause to
be used a sound truck with its sound amplifying equipment in operation for
noncommercial purposes in the Borough unless a license has been obtained from
the finance officer. The fee for such license shall be $10 per day. This license
shall be issued by the finance officer after the person applying has filed
with the Borough Clerk in writing a registration statement. This registration
statement shall be filed in duplicate and shall state the following:
(1)
The name and home address of the applicant.
(2)
The address of the place of business of the applicant.
(3)
The license number and motor number of the sound truck
to be used by the applicant.
(4)
The name and address of the person who owns the sound
truck.
(5)
The name and address of the person having direct charge
of the sound truck.
(6)
The names and addresses of all persons who will use or
operate the sound truck.
(7)
The purpose for which the sound truck will be used.
(8)
A general statement as to the section or sections of
the Borough in which the sound truck will be used.
(9)
The proposed hours of operation of the sound truck.
(10)
The number of days of proposed operation of the sound
truck.
(11)
A general description of the sound amplifying equipment
which is to be used.
(12)
The maximum sound producing power of the sound amplifying
equipment to be used in or on the sound truck. State the following:
B.
Registration statement amendment. All persons using or causing to be used sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to Subsection A within 48 hours after any change in the information therein furnished.
C.
Registration and identification. The Borough Clerk shall return to each applicant under Subsection A one copy of the registration statement duly certified by the Borough Clerk as a correct copy of the application. Such certified copy of the application and the license issued by the finance officer shall be in possession of any person operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation, and the copy shall be promptly displayed and shown to any policeman of the Borough upon request.
D.
Regulations for use. Noncommercial use of sound trucks
in the Borough with sound amplifying equipment in operation shall be subject
to the following regulations:
(1)
The only sounds permitted are human speech.
(2)
Operations are permitted for four hours each day between
the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and
6:30 a.m., except on Sundays and legal holidays when no operations shall be
authorized.
(3)
Sound equipment shall not be operated unless the sound
truck upon which such equipment shall be mounted is operated at a speed of
at least 10 miles per hour, except when the sound truck is stopped or impeded
by traffic. Where the sound truck is stopped by traffic, the sound amplifying
equipment shall not be operated for longer than one minute at each stop.
(4)
Sound shall not be issued from the amplifying equipment
at any time the sound truck is within 100 yards of hospitals, schools or churches.
(5)
No sound truck with its amplifying device in operation
shall be operated on any streets in any area bounded by the confines of the
Borough of Harveys Lake.
(6)
The human speech 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 100 feet from the vehicle and so
that the 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 in excess
of 15 watts of power in the last stage of amplification.
(9)
No sound truck with its sound amplifying equipment shall
be operated on any street adjacent to a dwelling wherein any occupant is under
medical attention, and if the operator of any sound truck with amplifying
equipment in operation is requested to cease operation by the occupant of
a dwelling because someone in the dwelling is under medical attention and
refuses to cease operation, the operator shall be deemed to be in violation
of this section.
No person shall operate or cause to be operated any sound truck for
any commercial sound advertising purposes in the Borough with sound amplifying
equipment in operation.
