(a) Definitions. As used in this section:
(1) "Person" includes the singular and the plural, and means any person, firm, corporation, association, club, partnership, society or any other form of association or organization.
(2) "Sound truck" means any motor vehicle or horse-drawn vehicle, having mounted thereon, or attached thereto, any sound amplifying equipment.
(3) "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" 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 only for traffic safety purposes.
(b) Noncommercial Use of Sound Trucks.
(1) Registration required. No person shall use or cause to be used, a sound truck with its sound amplifying equipment in operation for noncommercial purposes in the Municipality before filing a registration statement with the City Manager in writing. This registration statement shall be filed in duplicate and shall state the following:
A. Name and home address of the applicant;
B. Address of place of business of the applicant;
C. License number and motor number of the sound truck to be used by the applicant;
D. Name and address of person who owns the sound truck;
E. Name and address of person having direct charge of sound truck;
F. Names and addresses of all persons who will use or operate the sound truck;
G. The purpose for which the sound truck will be used;
H. A general statement as to the section or sections of the Municipality in which the sound truck will be used;
I. The proposed hours of operation of the sound truck;
J. The number of days of proposed operation of the sound truck;
K. A general description of the sound amplifying equipment which is to be used;
L. The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck, and also the following:
1. The wattage to be used;
2. The volume in decibels of the sound which will be produced; and
3. The approximate maximum distance for which sound will be thrown from the sound truck.
(2) 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 (b)(1) hereof within forty-eight hours after any change in the information therein furnished.
(3) Registration and identification. The City Manager shall return to each applicant under subsection (b)(1) hereof one copy of the registration statement duly certified by the City Manager 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 promptly displayed and shown to any police officer upon request.
(4) Regulations for use. Noncommercial use of sound trucks in the Municipality with sound amplifying equipment in operation are subject to the following regulations:
A. The only sounds permitted are music or human speech.
B. Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations are authorized. The permitted four hours of operation are between the hours of 11:30 a.m. and 1:30 p.m., and between the hours of 4:30 p.m. and 6:30 p.m.
C. 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.
D. Sound shall not be issued within 100 yards of hospitals, schools, churches or court houses.
E. No sound truck with its amplifying device in operation shall be operated in the business district.
F. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
G. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 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.
H. No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification.
(c) Commercial Advertising by Sound Truck Prohibited. No person shall operate or cause to be operated, any sound truck for commercial sound advertising purposes in the Municipality with sound amplifying equipment in operation.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 69-155. Passed 9-2-69.)