(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) SOUND DEVICE OR APPARATUS. Any radio device or apparatus for the amplification of any sounds from any radio, phonograph, or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds.
(2) TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE. To use or operate or cause to be used or operated any sound device or apparatus on the street or public place in front of or outside of the enclosed part of any building, place, or premises, or in or upon any vehicles operated, standing or being in or on any public street, park, or place where the sounds therefrom may be heard in any public street, park, or place, or from any stand, platform, or other structure, or anywhere in the public streets, parks, or places.
(B) Commercial uses. No person shall use or operate any sound device or apparatus in, on, near, or adjacent to any public street, park, or place, for commercial or business advertising purposes.
(C) Non-commercial uses; registration required. No person shall use or operate any sound device or apparatus, in, on, near, or adjacent to any public street, park, or place for non-commercial purposes in the city before filing a registration statement with the City Clerk in writing. This registration certificate or statement shall be filed in duplicate at least ten days prior to the date on which the sound device or apparatus is to be used or operated and shall state the following.
(1) Name and address of the applicant.
(2) Address of place of business of applicant.
(3) If sound device is to be used on a motor vehicle, license number and motor vehicle number, name and address of person having direct charge of the vehicle, names and addresses of all persons who will use or operate the vehicle.
(4) The purpose for which the sound device or apparatus will be used.
(5) A general statement as to the section or sections of the city in which the sound device or apparatus will be used.
(6) The proposed hours of operation of the sound device or apparatus.
(7) The number of days of proposed operation of the sound device or apparatus.
(8) A general description of the sound-amplifying equipment which is to be used.
(9) The maximum sound-producing power of the sound-amplifying equipment to be used. State the following.
(a) The wattage to be used.
(b) The volume of sound which is proposed to be used, measured by decibels or by any other efficient method of measuring sound.
(c) The approximate maximum distance for which sound will be thrown from the sound device or apparatus.
(D) Registration statement amendment. All persons using or causing to be used sound equipment for non-commercial purposes shall amend any registration statement filed pursuant to division (C) of this section, within 48 hours after any change in the information therein furnished.
(E) Registration and identification. The City Clerk shall return to each applicant under division (C) of this section, one copy of the 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 the sound equipment at all times while the sound-amplifying equipment is in operation, and the copy shall be promptly displayed and shown to any police officer of the city upon request.
(F) Regulations for use. Non-commercial use of any sound device or apparatus in, on, near, or adjacent to any public street, park, or place shall be subject to the following regulations, a copy of which shall be delivered to the applicant at the time of delivery of the duly certified registration statement set forth above.
(1) The only sounds permitted are music or human speech.
(2) Operations are permitted only between the hours of 11:00 a.m. and 11:00 p.m.
(3) Sound-amplifying equipment shall not be operated on a sound truck unless the truck upon which the 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 the stop.
(4) Sound shall not be issued within 500 feet of a school, courthouse, or church, during the hours of school, court, or worship respectively, or within 500 feet of any hospital or similar institution.
(5) No amplifying device shall be operated on a sound truck or otherwise in any location where the police department, upon investigation, shall determine that the conditions of vehicular or pedestrian traffic or both are such that the use of such a device or apparatus will constitute a threat to the safety of pedestrians or vehicular operators.
(6) No amplifying device shall be operated on a sound truck or otherwise in any location where the police department, upon investigation, shall determine that the conditions of overcrowding or of street repair or other physical conditions are such that the use of such a sound device or apparatus will deprive the public of the right of the safe, comfortable, convenient, and peaceful enjoyment of any public street, park, or place for other public purposes, or will constitute a threat to the safety of pedestrians or vehicle operators.
(7) The human speech and music amplified shall not be profane, lewd, indecent, or slanderous.
(8) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 300 feet from the place or places where the device or apparatus will be located, and so the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.
(G) Exemptions. The provision of this section on sound-amplification devices shall not apply to the use or operation of any sound device or apparatus by any church or synagogue on or within its own premises, in connection with the religious rites or ceremonies of the church or synagogue, or to sound- amplification devices used by the police and fire departments and other departments of the city in the performance of their official duties.
(‘83 Code, § 92.33) (Ord. 98-009, passed 6-29-98) Penalty, see § 92.99