(A) No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for commercial or noncommercial purposes in the city, before filing a written Sound Truck Registration statement with the city Business Licensing Department.
(B) Preexisting commercial and non-commercial sound trucks operating in the city prior to the date of adoption of the ordinance codified in this chapter shall be granted a 60 day period from the date of adoption within which to comply with the provisions of this chapter and file a Sound Truck Registration form with the city Business Licensing Clerk.
(C) This Sound Truck 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 person who owns the sound truck;
(5) Name and address of 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 of the sound truck;
(10) The number of days of proposed operation of the sound truck;
(11) Proof of current liability insurance;
(12) A general description of the sound amplifying equipment which is to be used;
(13) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck as follows:
(a) The wattage to be used;
(b) The volume in decibels of the sound which will be produced;
(c) The approximate maximum distance which sound will be thrown from the sound truck.
(D) All persons using, or causing to be used, sound trucks for commercial and noncommercial purposes shall amend any registration statement filed pursuant to division (A) within 48 hours after any change in the information therein furnished.
(E) The Business Licensing Clerk shall return to each applicant under division (A) herein, one copy of the registration statement duly certified as a correct copy of the application. The 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 the copy shall be presented to any enforcement officer of the city upon request.
(F) Noncommercial and commercial 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 during daylight hours each day. No sound amplifying equipment shall be used during hours of darkness. DARKNESS is defined as any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernable any person or vehicle on the roadway at a distance of 1,000 feet;
(3) Sound amplifying equipment shall only be operated when the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour. When stationary the sound amplifying equipment shall not be operated;
(4) Sound amplification equipment shall not be operated within 100 yards of hospitals, schools, churches, courthouses, or polling places;
(5) The human speech and music amplified shall not be profane, lewd, indecent, or slanderous;
(6) The volume of sound shall be controlled so that it will not be plainly audible for a distance in excess of 50 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;
(7) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last state of amplification; and
(8) Sound amplifying equipment shall not exceed a threshold sound output of 70 decibels when measured at a distance of ten feet. The measurement is to be taken directly in front of the primary output source.
(Ord. 1267, passed 4-5-00)