For the purposes of this chapter, the words "sound amplifying
equipment" mean any machine or device for the amplification of the
human voice, music or any other sound. The term "sound amplifying
equipment" is not construed as including standard automobile radios
when used and intended to be heard only by the 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.
(Prior code § 10-1)
No person shall use or cause to be used a sound truck with its
sound amplifying equipment in operation, for any noncommercial purpose,
in the city, without filing a registration statement with the city
clerk, in writing.
(Prior code § 10-2)
A registration statement required by Section 5.40.020 shall be filed in duplicate and shall state the following:
A.
The
name and home address of the registrant;
B.
The
address of the place of business of the registrant;
C.
The
license number and motor number of each sound truck to be used by
the registrant;
D.
The
name and address of the person who owns each sound truck to be used
by the registrant;
E.
The
name and address of the person having direct charge of each sound
truck to be used by the registrant;
F.
The
names and addresses of all persons who will use or operate any sound
truck;
G.
The
purpose for which the sound trucks will be used;
H.
A
general statement as to the sections of the city in which each sound
truck will be used;
I.
The
proposed hours of operation of the sound trucks;
J.
The
number of days of proposed operation of each sound truck;
K.
A
general description of the sound amplifying equipment which is to
be used;
(Prior code § 10-3)
All persons using or causing to be used any sound truck for
noncommercial purposes shall amend any registration statement duly
certified by the city clerk as a correct copy of such registration.
Such certified copy of the statement shall be in the possession of
any person operating any sound truck at all times while the sound
truck's sound amplifying equipment is in operation and such copy shall
be displayed and shown to any policeman of the city upon request.
(Prior code § 10-4)
The use of sound trucks in the city, with sound amplifying equipment
in operation, shall be subject to the following regulations:
A.
Sound
amplifying equipment shall not be operated unless the sound truck
upon which equipment is mounted is operated at a speed of at least
ten 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;
B.
Sound
shall not be issued within one hundred yards of hospitals, schools,
churches, courthouses or courtrooms or county buildings or the City
Hall;
C.
The
only sounds permitted are music or human speech;
D.
The
sound truck shall be operated only on those streets or boulevards
designated by the city clerk in the permit to operate the same and
may be operated only between the hours of ten a.m. and six p.m. On
Sundays and legal holidays, no operation shall be authorized; provided,
that when the license and permit hearing board has determined upon
competent evidence that in the individual case different hours of
operation would be justified, then such permit shall set forth such
different hours of operation;
E.
No
permit for the operation of a sound truck shall exceed thirty days,
unless a longer time has been specified by the license and permit
hearing board upon receiving competent evidence justifying the same,
or unless the thirty-day permit has been extended by the board upon
hearing competent evidence justifying such extension.
(Prior code § 10-5; Ord. 448 § 1, 1974)
No person at any time shall operate, drive or park or cause
to be operated, driven or parked, upon any street, alley, parkway,
sidewalk or public property within the city, without first obtaining
written permission therefor from the city clerk, any advertising vehicle,
sound truck or commercial vehicle with its sound amplifying equipment
in operation or with any sound or signaling device in operation for
the purpose of advertising goods, wares or merchandise sold at or
from such vehicle or for the purpose of attracting or calling attention
to such vehicle. Application for such permission shall be made to
the city clerk in accordance with such rules and regulations as he
or she may prescribe therefor and such permission shall be given only
if the operation of any such advertising vehicle, sound truck or commercial
vehicle will not be inimical to the public welfare, health or safety
or cause such sounds or noises to be emitted or created as will disturb
the peace of the citizens of the city.
The city clerk shall refer the application to the chief of police
and may in his discretion rely on the decision of the chief of police
whether the same will be inimical to public welfare, health or safety,
or will disturb the peace.
(Prior code § 10-6)
No person shall erect, move, alter, change, repair, place, suspend,
attach or maintain, or cause or permit to be erected, moved, altered,
changed, repaired, placed, suspended, attached or maintained, any
sign, street clock, street bulletin or street banner on, over or above
any public street or sidewalk without first obtaining a permit from
the city clerk to do so.
(Prior code § 10-7)
No person shall exhibit, post or display upon any sign or billboard,
any statement, words or signs of any obscene nature; or any picture,
illustration or delineation of any human figure in such detail as
to offend public morality or decency; or lewd, lascivious act, matter
or thing of an obscene nature; or any murder, suicide, robbery, holdup,
shooting, stabbing, clubbing or beating of any human being, where
any such act is shown in grue-some detail.
(Prior code § 10-8; Ord. 448 § 2, 1974)
No person shall scatter, daub or leave any paint, paste, glue
or other substance used for painting or fixing advertising matter
upon any public street or sidewalk, or scatter or throw or permit
to be scattered or thrown any bills, wastepaper, paper, cloth or materials
of whatsoever kind removed from billboards, on any public street or
on private property.
(Prior code § 10-9)
No person, except a public officer or employee in the performance
of a public duty, or a private person in giving a legal notice, shall
paste, post, paint, print, nail or tack or otherwise fasten any card,
banner, handbill, sign, poster, advertisement or notice of any kind
upon any property without the consent of the owner, holder, lessee,
agent or trustee thereof.
(Prior code § 10-10)
A.
No
person shall distribute, throw, scatter, deposit or place any commercial
or noncommercial handbill in the following places:
1.
In or upon any public road, street, highway, sidewalk or in any public
building or grounds thereof; provided, however, the foregoing shall
not prohibit the handing out or distribution of commercial or noncommercial
handbills to anyone willing to accept or receive the same;
2.
In or upon any private premises which are temporarily or continuously
uninhabited or vacant and such fact is known or should have been known
to the distributor;
3.
In or upon any private premises except by handing or transmitting
any such handbill directly to the owner, occupant or other person
thereof; provided, however, that in the case of inhabited private
premises which are not posted, as provided in this section, such person
may place or deposit any such handbill in or upon such inhabited private
premises if such handbill is so placed or deposited as to secure or
prevent such handbill from being blown or drafted about said premises
or the sidewalk, streets or other public places; and except that mailboxes
may not be so used when prohibited by any federal postal law or regulation.
B.
No
person shall throw, deposit or distribute any commercial handbill
upon any private premises if required by anyone thereon not to do
so, or if there is placed on said premises in a conspicuous position
near the entrance thereof, a sign bearing the words: "No trespassing,"
"No peddlers or agents," "No advertisement," or any similar notice,
indicating in any manner that the occupants of said premises do not
desire to be molested or have their right of privacy disturbed, or
to have commercial handbills left upon such premises.
C.
The
provisions of this section shall not apply to the distribution of
the foregoing by and through the United States mail.
(Prior code § 10-11; Ord. 448 § 3, 1974)
