[HISTORY: Adopted by the Mayor and Council of Pocomoke City 11-18-1968 by Ord. No. 199 (Ch. 28 of the 1968 Code). Amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall, for the purposes of this chapter, have the meanings respectively
ascribed to them in this section, except as may hereinafter be specifically
provided:
Any motor vehicle or horse-drawn vehicle having mounted thereon
or attached thereto any sound-amplifying equipment.
Any machine or device for the amplification of the human
voice, music or any other sound, but shall not be construed to include
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.
No person shall make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others within the City.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
A.
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place of the City, except as a danger warning; the creation,
by means of any such signaling device, of any unreasonably loud or
harsh sound and the sounding of any such device for an unnecessary
and unreasonable period of time; the use of any signaling device,
except one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
B.
Radios and phonographs. The using, operating or permitting to be
played, used or operated of any radio receiving set, musical instrument,
phonograph, jukeboxes or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring residents or at any time with louder
volume than is necessary for convenient hearing for the person or
persons who are in the room, vehicle or chamber in which such machine
or device is operated and who are voluntary listeners thereto; the
operation of any such set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is playing shall be prima facie evidence
of a violation of this chapter.
C.
Yelling and shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m. or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or at any dwelling,
hotel or other type of residence or of any persons in the vicinity.
D.
Loading, unloading and opening boxes. The creation of a loud and
excessive noise in connection with loading or unloading any vehicles
or the opening or destruction of bales, boxes, crates or containers.
E.
Pile drivers and hammers. The operation, between the hours of 10:00
p.m. and 7:00 a.m., of any pile driver, steam shovel, dredge, pneumatic
hammer, derrick, steam or electric hoist, excavating equipment or
other appliance, the use of which is attended by loud or unusual noise.
F.
Loudspeakers or amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building,
structure, assemblage or person, except as otherwise provided in this
chapter.
A.
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 without
filing a registration statement, in writing, with the City Clerk.
B.
A registration statement, as referred to in Subsection A, shall be filed in duplicate and shall state the following:
(1)
Name and home address of the applicant.
(2)
Address of place of business of the applicant.
(3)
License number and manufacturer's serial number of the sound
truck to be used by the applicant.
(4)
Name and address of the person who owns the sound truck.
(5)
Name and address of the person having direct charge of the sound
truck.
(6)
Names and addresses of all persons who will use or operate the sound
truck.
(7)
Purpose for which the sound truck will be used.
(8)
A general statement as to the section of the City 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.
(13)
The wattage to be used.
(14)
The volume in decibels of the sound which will be produced.
(15)
The approximate maximum distance for which sound will be thrown
from the sound truck.
C.
Amendment of registration statement. 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.
D.
Return of certified copy. The City Clerk shall return to each person filing the registration statement under Subsection A one copy of such registration statement duly certified by the City Clerk as a correct copy of his or her registration statement.
E.
Possession and display of certified registration. The certified copy of the registration statement, returned as provided in Subsection D, shall be in the possession of the person operating the sound truck at all times while the sound-amplifying equipment is in operation. Such copy shall be promptly displayed and shown to any police officer upon request.
Noncommercial use of sound trucks in the City with sound-amplifying
equipment in operation shall be subject to the following regulations:
A.
The only sounds permitted are music or human speech.
B.
Operations are permitted for four hours each day, except on Sundays
and legal holidays, when no operations shall be authorized. The permitted
four hours of daily operations shall be 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 p.m.
C.
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 10 miles per hour, except when such truck is stopped or
impeded by traffic. Where stopped by traffic, the sound-amplifying
equipment shall not be operated for longer than one minute at each
such stop.
D.
Sounds shall not be issued within 100 yards of hospitals, schools,
churches, libraries or courthouses.
E.
The human speech and 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 100 feet from the sound truck and so that
such volume is not unreasonably loud, raucous, jarring, disturbing
or a nuisance to persons within the area of audibility.
G.
No sound-amplifying equipment shall be operated with an excess of
15 watts of power in the last stage of amplification.
[Amended 7-7-1980 by Ord.
No. 262, approved 7-7-1980]
A.
No person shall operate or cause to be operated any sound truck in
the City for commercial advertising purposes with sound-amplifying
equipment in operation unless a license therefor has been obtained
from the City Clerk. The fee for such license shall be in the amount
as shall be determined by the Council by resolution.
C.
Possession and display of license. A licensee under this chapter
shall keep his or her license in his or her possession in the sound
truck during the time the sound truck's sound-amplifying equipment
is in operation. Such license shall be properly displayed and shown
to any police officer upon request.
D.
Issuance of license. The City Clerk shall issue a license as required under Subsection A upon payment of the required license fee, unless the application required by Subsection B indicates that the applicant would be in violation of the regulations prescribed by § 166-7 or some other provision of this chapter or other ordinance of the City.
No person shall operate or cause to be operated any sound truck for commercial advertising purposes in violation of the regulations set forth in § 166-5.
[Amended 6-2-1997 by Ord.
No. 349]
Any violation of the provisions of this chapter shall be a municipal
infraction and shall be subject to a fine as set forth in the Fees,
Charges and Rates Schedule, adopted by resolution of the City Council
from time to time.[1]
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
