A.
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 the permission required hereunder shall be made to
the City Clerk in accordance with such rules and regulations as he
or she may prescribe thereto 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.
B.
The
City Clerk shall refer the application to the County Sheriff and may
in his or her discretion rely on the decision of the County Sheriff
whether the same will be inimical to public welfare, health or safety,
or will disturb the peace.
A.
No person
shall distribute, scatter, hand out or circulate any commercial or
noncommercial handbill, circular, tract or leaflet in any place under
the following circumstances which are likely to result in litter and/or
pollution of stormwater runoff: The handbill, circular, tract or leaflet
is not personally delivered to a person, or not affixed to real or
personal property in such a manner that it cannot be moved, removed,
blown away or washed away without human intervention.
B.
No person
shall throw or toss any handbill, circular, tract or leaflet from
a vehicle under the following circumstances which are likely to result
in litter and/or pollution of stormwater runoff: The handbill, circular,
tract or leaflet is not placed upon or affixed to real or personal
property in such a manner that it cannot be moved, removed, blown
away or washed away without human intervention.
C.
No person
shall distribute, scatter, hand out or circulate any commercial or
noncommercial handbill, circular, tract or leaflet on any residential
property on which the owner or occupant has prominently placed a sign
in letters at least one inch high stating in substance "do not post,
distribute or leave any handbills, circulars, tracts or leaflets on
this property."
D.
No person
shall post, hand out or distribute any commercial or noncommercial
handbill, circular, tract or leaflet which reasonably shall tend to
incite riot or other public disorder or which advocates disloyalty
to, or the overthrow of the government of the United States by force
and arms or other unlawful means, or which urges any unlawful conduct
or encourages or reasonably tends to encourage a breach of the public
peace of the community.
A.
"Sound
Amplifying Equipment" Defined. The phrase "sound amplifying equipment,"
as used in this chapter, shall mean any machine or device for the
amplification of the human voice, music or any other sound. "Sound
amplifying equipment" shall not be construed as including 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.
B.
Registration
Statement.
1.
Required.
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.
2.
Filing—Contents.
A 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 motor number of each sound truck to be used by
applicant;
d.
Name and address of person who owns each sound truck to be used by
applicant;
e.
Name and address of person having direct charge of each sound truck
to be used by applicant;
f.
Names and addresses of all persons who will use or operate any sound
truck;
g.
The purpose for which the sound truck or trucks will be used;
h.
A general statement as to the section of the City in which each sound
truck will be used;
i.
The proposed hours of operation of each sound truck;
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;
3.
Amendment—Display.
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 the application. The certified
copy of the application 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 the copy shall be displayed and shown
to any police officer of the City upon request.
C.
Restrictions
on 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 are music or human speech.
2.
Operations
are permitted for three hours per day, except Saturdays, Sundays and
legal holidays when no operations are authorized. The permitted three-hour
operation shall be between the hours of 11:00 a.m. and 12:00 noon
and 3:00 p.m. and 5:00 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 10 miles per hour except when the 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 100 yards of hospitals, schools, churches,
courthouses or court-rooms, country buildings or the City Hall.
