No person shall use, or cause to be used, a sound truck with
its sound amplification equipment in operation for non-commercial
purposes in the City before filing an annual written registration
statement with the License Bureau. This registration statement shall
be filed in duplicate and shall state the following.
(a) Name and home address of the applicant;
(b) Address of place of business of applicant;
(c) License number and description of the sound truck to be used by applicant;
(d) Name and address of person who owns the sound truck;
(e) Name and address of person having direct charge of sound truck;
(f) Names and addresses of all persons who will use or operate the sound
truck;
(g) The purpose for which the sound truck will be used;
(h) A general statement as to the section or sections of the City in
which the sound truck will be used;
(i) The proposed hours of operation of the sound truck;
(j) The number of days of proposed operation of the sound truck;
(k) A general description of the sound amplification equipment which
is to be used;
(l) The maximum sound producing power in watts of the sound amplification
equipment to be used in or on the sound truck; and,
(m) The approximate maximum distance for which sound will be thrown from
the sound truck.
Any person using or causing to be used, sound trucks for such
non-commercial purposes shall in writing, amend any registration statement
filed within twenty-four (24) hours after any change in the information
therein furnished.
Non-commercial use of sound trucks in the City with sound amplification
equipment in operation shall be subject to the following regulations:
(a) The only sounds permitted are music and human speech.
(b) Operations are permitted for four (4) hours each day, except on Sundays
and legal holidays when no operations shall be authorized. The permitted
four (4) hours of operation 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 shall not be issued within three hundred (300) feet of any
hospital, school, place of worship, library or court session.
(d) No sound truck with its amplification device in operation shall be
operated within the central business district as designated in the
Plainfield Zoning Ordinance.
(e) The human speech or music amplified shall not be profane, lewd, indecent
or slanderous.
(f) The sound shall be controlled so that it will:
(1)
Not be at such volume as to be audible above normal speech level
for a distance in excess of one hundred (100) feet from the sound
truck;
(2)
Be not unreasonably loud, raucous, jarring, or a nuisance to
persons within the area of audibility;
(3)
Be undistorted to the extent that it is reasonably able to be
understood by the average listener.
(g) The area in which and the time during which the sound truck shall
be operated shall be filed with the License Bureau at least twenty-four
(24) hours prior to each operation of such truck.
Excepted from the operation under this article shall be sound
trucks used to amplify and project music and human speech in connection
with any public parade or event sponsored by the City.
No person shall use or cause to be used, a public address system
for non-commercial purposes in the City unless:
(a) He shall have registered the same as a sound truck under this article;
or,
(b) He shall have obtained a permit pursuant to this article except in
the event of an emergency when it is impractical or impossible to
secure a permit under this article and the use of such public address
system is reasonably necessary to protect the health, safety or welfare
of any person or property, and provided further that the operator
of a stationary public address system for the exclusive reproduction
of music for a religious or patriotic holiday shall not be obliged
to secure a permit.
The License Bureau shall issue a permit for the use of a public
address system to any applicant upon the showing of the following:
(a) The name and home address of the applicant who shall be in charge
of such public address system.
(b) A general statement of the locality where the public address system
is to be used.
(c) The day or days (not to exceed three (3) days under any one permit)
when the public address system is to be used. The permit shall be
carried or conspicuously displayed by the permit holder while the
public address system is in operation, and shown to any policeman
or other official of the City upon request.
Non-commercial use of public address systems shall be subject
to the following regulations:
(a) The only sounds to be amplified shall be human speech and music.
(b) Operations shall be limited to such volume, time or place as will
not unreasonably disturb; annoy, injury or endanger the comfort, repose,
health, peace or safety of others not participating in the assemblage
to which such speech or music is directed. The audibility above normal
speech level of such amplified sound for more than one hundred (100)
feet beyond such assemblage of the disturbance of any religious assembly,
library, court session, school session, or hospital, shall be prima
facie evidence of a violation of the regulation.
(c) The sound so amplified shall not be unreasonably loud, raucous, jarring
or a nuisance to a person within its area of audibility, and shall
be undistorted to the extent that it is reasonably able to be understood
by the average listener.
(d) The human speech or music so amplified shall not be profane, lewd,
indecent or slanderous.
(e) In the event the public address system is being used to attract the
attention of the public to an event or gathering, the operation of
the public address system shall be subject to the sound truck regulations
concerning time and area of operation set forth in this article.
Excepted from the permit requirements and regulations under
this article shall be the use of public address systems by any municipal
agency, including but not limited to the City and the Board of Education,
provided such use is approved in writing by the City Administrator,
the Superintendent of Schools, or other agency head or his designee.
[R.O. 1957, 10:2-1, as amended July 20, 1970]
No person shall operate, or cause to be operated any public
address system with its sound amplification equipment in operation
for commercial sound advertising purposes audible in public streets
and other public places in the City.