as used herein means and includes the use, operation or maintenance
of any sound amplifying equipment mounted on a sound truck for the
purpose of advertising any business, or any goods, wares, merchandise,
or services, and for the purpose of attracting the attention of the
public to, or advertising for, or soliciting patronage of customers
to or for any performance, show, entertainment, exhibition or event,
or for the purpose of demonstrating any such sound equipment.
as used herein means the use, operation or maintenance of
any sound equipment for other than a "commercial purpose" as defined
above. "Noncommercial purpose" means and includes philanthropic, patriotic
or charitable purposes.
as used herein means and shall be as defined in Section 1.01.110.
as used herein means any machine or device for the amplification
of human voice, music, or any other sound. "Sound amplifying equipment"
as used herein shall not be construed as meaning standard automobile
radios when used and heard only by occupants of the vehicle in which
the said automobile radio is installed. "Sound amplifying equipment"
as used herein shall not be construed as including warning devices
on authorized emergency vehicles or horns or other warning devices
on any vehicle used only for traffic safety purposes.
as used herein means any motor vehicle or horse drawn vehicle
having mounted thereon or attached thereto any sound amplifying equipment.
(Prior code §§ 4400—4404)
No person shall use or cause to be used a sound truck with sound
amplifying equipment in operation for commercial purposes, except
the equipment of a Federal Communication Commission licensed radio
broadcasting company, in this city before filing a registration statement,
in triplicate, with the chief of police. The registration statement,
in writing, shall state the following:
(1)
Name
and home address of the applicant;
(2)
Address
or place of business of applicant;
(3)
License
and motor number of the sound truck to be used by 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)
The
purpose for which the sound truck will be used;
(8)
General
description of the sound amplifying equipment which is to be used;
(9)
The
maximum sound producing power of the sound amplifying equipment to
be used in or on the sound truck. State the following:
If applicant is an employee or agent for any person, firm, or
corporation desiring commercial advertising, the applicant shall give
the name and address of the person, firm or corporation.
(Prior code §§ 4410—4410.9)
The chief of police shall return to each applicant one copy
of the registration statement, duly certified by the chief of police
as a correct copy of said application. Said certified copy of the
application shall be in the possession of any person operating the
sound truck at all times while the sound truck and sound amplifying
equipment is in operation. Said statement shall be prominently displayed
and shown to any policeman of the city upon request.
(Prior code § 4411)
The chief of police shall not return to the applicant a certified
copy of the registration statement if any one of the following conditions
exist:
(1)
Conditions
of motor vehicle movement are such that, in the opinion of the chief
of police, sound amplifying equipment for commercial purposes would
constitute a detriment to traffic safety;
(2)
Conditions
of pedestrian movement are such that, in the opinion of the chief
of police, sound amplifying equipment for commercial purposes would
constitute a detriment to traffic safety;
(3)
The application required herein above reveals the applicant would violate the regulations prescribed in Section 5.68.060;
(4)
If,
in the opinion of the chief of police, the sound truck or the sound
amplifying equipment are in a state of faulty repair and constitute
a danger to other motor vehicle or to the pedestrian traffic;
(5)
If
applicant has been convicted of a crime in this state or any other
state which would, under California law, constitute moral turpitude.
(Prior code §§ 4412—4412.5)
Prior to issuance of the registration statement, as provided by Section 5.68.030, the applicant shall pay to the chief of police, for and on behalf of the city, a fee in such amount as has been prescribed by resolution of the city council, per day, or any portion thereof, in advance, for the number of days of proposed operation as set forth on the application.
(Prior code § 4413; Ord. 913 § 20, 1971)
Commercial use of sound trucks with sound amplifying equipment
in operation shall be subject to all the following regulations; however,
noncommercial use of sound trucks with sound amplifying equipment
in operation shall be subject only to those regulations listed below
as (4), (6) and (7):
(1)
The
only sound permitted shall be either music or human speech;
(2)
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 operation shall be between the hours of eleven-thirty a.m.
and one-thirty p.m., and between the hours of four-thirty p.m. and
six-thirty p.m.;
(3)
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 ten miles per hour except when said 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;
(4)
Sound
shall not be issued within two hundred feet of hospitals, schools
or churches;
(5)
Sound
trucks with sound amplifying devices in operation shall be operated
only on Palm Canyon Drive, East Palm Canyon Drive, and Indian Avenue,
within the city;
(6)
The
volume of sound shall be controlled so that it will not be audible
for a distance in excess of two hundred feet from the sound truck,
and the volume of sound shall be so controlled that it will not be
unreasonably loud, raucous, jarring, disturbing, or a nuisance to
persons within the area of audibility;
(7)
No
sound amplifying equipment shall be operated with an excess of fifteen
watts power in the last stage of amplification.
(Prior code §§ 4430, 4430.1—4430.5,
4430.7, 4430.8; Ord. 913 §
20, 1971)
No person shall operate, or assist or participate in the operation
of any sound truck within the city except in compliance with the applicable
provisions of this chapter, and no person shall wilfully or knowingly
violate any provision thereof, or fail, refuse or neglect to comply
with each and every applicable provision herein.
(Prior code § 4440; Ord. 913 § 20, 1971)
