[HISTORY: Adopted by the Council of the City
of New Rochelle as Secs. 7-27, 7-28 and 7-29 of the 1965 General Ordinances;
amended in its entirety 9-16-2008 by Ord. No. 172-2008. Subsequent amendments
noted where applicable.]
A.
No person shall use or cause to be used a sound truck
with its sound-amplifying equipment in any park, street or other public
or private outdoor place in the City before filing a registration
statement with the City Clerk in writing. This registration statement
shall be filed in duplicate and shall state the following:
(1)
The name and address of the applicant.
(2)
The address of the place of business of the applicant.
(3)
The license plate number of the sound truck to be
used by the applicant.
(4)
The name and address of the person who owns the sound
truck.
(5)
The 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)
A general statement as to the section or sections
of the City in which the sound truck will be used.
(9)
The proposed hours of operation.
(10)
The specific day or days of the proposed operation.
(11)
A general description of the sound-amplifying equipment
which is to be used on the sound truck.
B.
All persons using or causing to be used sound trucks
shall amend any registration statement filed pursuant to this section
within 24 hours after any change in the information therein furnished.
The City Clerk shall return to each applicant
one copy of said registration statement duly certified by the City
Clerk 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 amplifying equipment is in
operation, and said copy shall be promptly displayed and shown to
any police officer of the City upon request.
A.
Operations are prohibited all day on Saturday and
Sunday and all day on primary election or general or special election
days and on other days between the hours of 9:00 p.m. and 9:00 a.m.
B.
Sound-amplifying equipment on a sound truck shall
not be operated unless the sound truck proceeds at a rate of at least
10 miles per hour except when said truck is stopped or is impeded
by traffic, and in either of such events the sound-amplifying equipment
shall not be operated for longer than one minute at each stop.
C.
The volume of sound shall be controlled so that it
will not be audible for a distance in excess of 300 feet from the
sound-amplifying equipment and so that said volume is not unreasonably
loud, raucous, jarring, disturbing or a nuisance to persons within
the area of audibility.
D.
No sound-amplifying equipment shall be operated with
power in excess of 15 watts in the last stage of amplification.
The fee for the filing shall be as set forth in Chapter 133, Fees, but in no event shall a single registration be for more than five days of operation.
An offense against the provisions of this chapter
shall be punishable by a fine of not more than $500 or by imprisonment
for not more than 15 days, or both.