(a) Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them by this section:
(1) "Sound amplifying equipment" means any machine or device for the 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 by occupants of the vehicles in which they are installed, warning devices on authorized emergency vehicles, horns or other warning devices on other vehicles used only for traffic safety purposes.
(2) "Sound truck" means any motor vehicle, animal-drawn vehicle, boat or raft having mounted thereon, or attached thereto, any sound amplifying equipment.
(b) Exclusions. The provisions of this section shall not apply in using any of the sound equipment mentioned and described herein where such equipment is used for civil defense, used in the event of a disaster or other emergency, or used by any governmental agency or at any public meeting.
(c) License to Operate. No person shall operate or cause to be operated any sound truck within the City, with sound amplifying equipment in operation, unless a license has been obtained from the City therefor. The annual fee for such license shall be twenty-five dollars ($25.00) and such licenses shall be issued on an annual basis only for a period beginning on July 1 of each year and ending on June 30 of the following year.
(d) Application for License. Applications for the issuance of the license required by this section shall be filed with the City Clerk in duplicate and in writing and shall state the following information:
(1) Name and home address of the applicant.
(2) Address of the place of business of the applicant.
(3) License number and motor number of the sound truck to be used by the applicant.
(4) Name and address of the owner of the sound truck.
(5) 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 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) 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. The following information shall be stated:
A. The wattage to be used;
B. The volume in decibels of the sound which will be produced; and
C. The approximate maximum distance for which sound will be thrown from the sound truck.
(13) Such other information as the City Clerk may reasonably require.
(e) Issuance of License. The City Clerk shall submit each application provided for by this section to Council for its approval or disapproval. In the event that Council approves an application, the City Clerk shall issue a license upon payment of the required fee by the applicant.
In the granting or approving of such license, Council may place such limitations upon the use of the sound truck for which the license application is made as Council may deem reasonable or proper.
(f) Sound Truck; Display to Police Officers. A licensee under this section shall keep such license in the sound truck at all times when it is in operation. The license shall be promptly displayed and shown to any police officer of the City upon request.
(g) Regulations for Use. Any sound truck licensed by the City as provided by this section, with its sound amplifying equipment in operation, shall be subject to the following regulations:
(1) Permitted sounds. The only sounds permitted shall be music or human speech.
(2) Hours of operation. Operations shall be permitted for only five hours each day, except on Sundays and legal holidays, when no operations shall be authorized. The permitted five hours of operation each day shall be between the hours of 10:00 a.m. and 9:00 p.m.
(3) Minimum speed of vehicle. 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 such 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) Operation near hospitals, schools, churches, etc. Sound shall not be issued within 300 feet of hospitals, nursing homes, schools, churches and public buildings.
(5) Indecent sounds. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
(6) Sound control. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet for the sound truck and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(7) Maximum wattage. No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification.
(8) Other regulations. Such other regulations as Council shall require shall be a condition to the issuance of such license.
(1977 Code Sec. 12.03)