"Sound-amplifying equipment," as used in this chapter, means
any machine or device for the amplification of the human voice, music
or any other sound. "Sound-amplifying equipment," as used in this
chapter, shall not be construed to include standard automobile radios
when used and 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 § 14-89)
A. Registration
Statement to be Filed. No person shall use or cause to be used a sound
truck with its soundamplifying equipment in operation for any noncommercial
purpose in the city without filing a registration statement with the
city clerk in writing.
B. Contents
of Statement. The registration statement shall be filed in duplicate
and shall state the following:
1. Name
and home address of the applicant;
2. Address
of the place of business of the applicant;
3. License
number and motor number of each sound truck to be used by the applicant;
4. Name
and address of the person who owns each sound truck to be used by
the applicant;
5. Name
and address of the person having direct charge of each sound truck
to be used by the applicant;
6. Names
and addresses of all persons who will use or operate any sound truck;
7. The
purpose for which the sound truck or trucks will be used;
8. A
general statement as to the section or sections of the city in which
each sound truck will be used;
9. The
proposed hours of operation of each sound truck;
10. The number of days of proposed operation of each 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
which is to be used in or on each sound truck;
14. The approximate maximum distance for which sound will be thrown from
each sound truck.
C. Amendment
of Statement. A registration statement may be amended by the person
using, or causing to be used, the sound truck.
D. Duty
to Carry, Display Statement. A copy of the registration statement
and its amendments, duly certified by the city clerk, shall at all
times be in the possession of the person operating the sound truck
while the sound truck's amplifying equipment is in operation, and
the copy shall be displayed and shown to any police officer of the
city upon request.
E. Regulations
for Use. Noncommercial use of sound trucks in the city with the sound-amplifying
equipment in operation shall be subject to the following regulations:
1. The
only sounds permitted shall be music or human speech.
2. Operations
shall be permitted for three hours per day, except Saturdays, Sundays
and legal holidays, when no operations are authorized. The permitted
three-hour operations shall be between the hours of eleven a.m. and
twelve noon, and three p.m. and five p.m.
4. Sound
shall not be issued within one hundred yards of hospitals, schools,
churches, courthouses, courtrooms, county buildings or the city offices.
(Prior code § 14-90; Ord. 913-02 § 32)
No person shall, at any time, 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 the permission required by this section
shall be made to the city clerk in accordance with such rules and
regulations as the clerk may prescribe therefor, and such permission
shall be given only if the 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 must refer the application to the county sheriff and
may, in the sheriff's discretion, rely on the decision of the sheriff
as to whether the proposed operation will be inimical to public welfare,
health or safety, or will disturb the peace.
(Prior code § 14-91)
No person shall operate, drive, park or leave standing upon
any public street after eight p.m. and before eight a.m. of the following
morning any vehicle while the vehicle is producing any artificially
created sound by the use of bells, chimes, sound amplifiers, music
or music recordings, or any other type of artificial soundproducing
device of any kind, nature or description.
(Prior code § 14-92)
A. No person
shall make, cause or suffer, or permit to be made upon any premises
owned, occupied or controlled by that person any noises or sounds
which are unreasonably loud or physically annoying to persons of ordinary
sensitivity, or which are so harsh or so prolonged or unnatural or
unusual in their use, time or place as to occasion physical discomfort
to other persons.
B. The
provisions of this section shall not apply to noise or sounds generated
in connection with any of the following:
1. Emergency
vehicle response sounds and/or sounds from necessary equipment utilized
by members of law enforcement, the fire department, paramedics or
other emergency responders for the purpose of responding to an emergency
or necessary to restore, preserve, protect or save lives or property
from imminent danger of loss or harm.
2. Safety
and warning devices, including, but not limited to, train horns and
railroad crossing warning systems, which are consistent with applicable
state and federal laws.
3. The installation, maintenance, repair or replacement of public utilities or public infrastructure conducted by the city, other public entity or a public or private utility company, or their agents, contractors and employees, while undertaking a public works project, subject to the restrictions contained in Section
8.20.070 for allowable construction times.
4. School-related
activities and/or programs, including, but not limited to, athletic
and entertainment events and activities, provided said activities
are conducted on the grounds of a public or private school or college
or on other public property.
5. Noise
from special community events provided said events are conducted by
the city or pursuant to a permit or license issued by the city, including,
but not limited to, occasional outdoor events/activities, outdoor
gatherings, public dances, shows and sporting and entertainment events.
6. Any
activity to the extent regulation thereof has been preempted by state
or federal law.
(Prior code § 14-93; Ord. 942-04 § 1; Ord.
1034-09 § 1; Ord. 1099-14 § 2)
A. Construction
activity may be conducted between the hours of seven a.m. and seven
p.m., Monday through Friday (except national holidays), and eight
a.m. and five p.m. Saturdays. Construction activity is prohibited
at all other hours and on Sundays and national holidays. For purposes
of this section, "construction" or "construction activity" shall include
site preparation, demolition, grading, excavation, and the erection,
improvement, remodeling or repair of structures, including operation
of equipment or machinery and the delivery of materials associated
with those activities.
B. The provisions of subsection
A of this section do not apply to any person who performs the construction or construction activity involved pursuant to the express written permission of the director of community development. Upon receipt of an application in writing therefor, and the facts upon which such reasons are based, the director of community development may grant such permission if the director finds that:
1. The
work proposed to be done is effected with a public interest; or
2. Hardship, injustice or unreasonable delay would result from the interruption thereof during the hours and days specified in subsection
A of this section; or
3. The
building or structure involved is devoted or intended to be devoted
to a use immediately incident to public defense.
C. Any
person dissatisfied with the decision of the director of community
development may appeal to the city manager, or his or her designee,
and then to the city council.
D. The provisions of subsection
A of this section do not apply to construction or construction activity during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to subsection
B of this section if the person doing such construction or construction activity obtains a permit therefor within one day after the making of such construction or construction activity.
E. The provisions of subsection
A of this section do not apply to the construction or construction activity by a public utility which is subject to the jurisdiction of the Public Utilities Commission as may be necessary for the preservation of life or property and where such necessity makes it necessary to construct, repair or excavate during the prohibited hours.
F. The provisions of subsection
A of this section do not apply to any lot or parcel of land on which the zoning ordinance prohibits any residential use and which is not less than five hundred feet from any residential zone as defined in the zoning ordinance.
G. The provisions of subsection
A of this section do not apply to shielded interior work which is not audible beyond the property line.
H. The provisions of subsection
A of this section do not apply to minor repairs or routine maintenance by the owner or lessee of residential dwelling units.
(Prior code § 14-95; Ord. 640-89 § 12; amended during
6/30/96 supplement; Ord. 973-06 § 1)
A. Definitions.
The term "mechanical blower or vacuum" means a portable device which
is used, designed or operated to produce a current of air by mechanical,
electrical or other means to push, propel or blow dirt, dust, leaves,
grass clippings, trimmings, cuttings, refuse or other debris.
B. The
use of gasoline-powered mechanical blowers or vacuums is prohibited
within the city after July 1, 1997.
C. Mechanical
blower or vacuum operations (for non-gasoline powered blowers) shall
not cause debris to be blown or deposited on any adjacent or other
parcel of land, lot, or public right-of-way/property other than the
parcel, land, or lot upon which the mechanical blower or vacuum is
being operated.
D. Mechanical
blowers or vacuums (for non-gasoline powered blowers) shall not be
operated in close proximity to any operable window, door, or mechanical
air-intake opening or duct of any building unless with the permission
of the occupants of the building.
(Ord. 713-92 § 1; Ord. 814-96 § 1; Ord. 1115-15 § 1)