(a) Compliance Required. No vehicle equipped with sound, musical, loud-speaking or other loud noise producing devices or apparatus shall be operated upon the streets or other places within the City unless it has been made to comply with the provisions of this section.
(b) For the purposes of this section the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) “Sound amplifying equipment” means any machine or device for the sound amplification of the human voice, music or any other sound. “Sound amplifying equipment” as used herein 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 for traffic safety purposes.
(2) “Sound truck” means any motor or other vehicle having mounted thereon, or attached thereto any sound amplifying equipment.
(c) Registration Required. No person shall use, or cause to be used a sound truck with sound amplifying equipment in operation for noncommercial purposes in the City before filing a registration statement with the Chief of Police in writing. This registration statement shall be filed in duplicate and shall state the following:
(1) Name and home address of the applicant.
(2) Address of place of business of applicant.
(3) License number and motor number of the sound truck to be used by applicant.
(4) Name and address of owner of sound truck.
(5) Name and address of person having direct charge of 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 of the City in which the sound truck will be used.
(9) The proposed hours of operation of the sound truck.
(10) The number of days of proposed operation of the 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 to be used in or on the sound truck. State the following:
A. The wattage to be used.
B. The volume in decibels of the sound which will be produced.
C. The approximate maximum distance for which sound will be thrown from the sound truck.
(d) Registration Statement Amendment. All persons using, or causing to be used sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to subsection (c) hereof, within forty-eight hours after any change in the information therein furnished.
(e) Registration and Identification. The Chief of Police shall return to each applicant under subsection (c) hereof, one copy of the registration statement duly certified by the Chief of Police as a correct copy of the application. This certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck’s sound amplifying equipment is in operation and it shall be promptly displayed and shown to any police officer of this City upon request.
(f) Regulations for Use. Noncommercial use of sound trucks in the City with 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 two hours each day, except on Sunday and legal holidays when no operations shall be authorized. The permitted two hours of operation shall be between the hours of 12:00 noon and 1:00 p.m. and between the hours of 5:00 p.m. and 6:00 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 ten 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 one hundred yards of hospitals, schools, churches, courthouses or public gatherings.
(5) No sound truck with its amplifying device in operation shall be operated on any street within the “congested district” or within a “business district” of this City.
(6) The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
(7) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred feet from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(8) No sound amplifying equipment shall be operated in excess of fifteen watts of power in the last stage of amplification.
(g) Commercial Advertising by Sound Truck. No person shall operate, or cause to be operated, any sound truck for commercial sound advertising purposes in this City with sound amplifying equipment in operation not complying with West Virginia Code 15-15-47.
(h) Police Department Activities Excluded. Any activity by the Police Department or any activity sponsored by the Police Department shall not be subject to the provisions and requirements of this section. (Ord. 445. Passed 11-16-81.)