1. Sound Equipment Restricted. Except for activities open to the public and for which a permit has been issued by the City under this section, no person shall so operate, play, or permit the operation or playing of any sound equipment:
A. As to create a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area.
B. As to create a noise disturbance 50 feet from the device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters.
2. Permit Required. No person shall, use, operate, or cause to be used or operated any sound equipment upon the public streets or in any building or upon any premises, public or private, if the sound therefrom is plainly audible from any public street or public place within the City, unless said person:
A. First obtains a permit in accordance with this section;
B. Complies with the conditions imposed by the permit, including the maximum permitted sound level shown therein;
C. Complies with all other applicable provisions of this Code of Ordinances.
3. Exclusions. Sound equipment shall not include:
A. Equipment used for public health and safety purposes;
B. Church or clock carillons, bells or chimes;
C. Automobile radios, tape decks or players, or other standard automobile equipment used or intended for the use and enjoyment of the occupants, provided the sound emitting therefrom is not audible for more than 50 feet from the vehicle.
D. Recorded music used in a nonresidential district in conjunction with a civil or religious celebration;
E. Unamplified live music provided, sponsored, or funded, in whole or in part, by a governmental entity.
F. Mobile radio or telephone signaling devices.
4. Fees. A separate permit shall be required for each type of activity described below, and permits shall be nontransferable. The permit shall be conspicuously displayed on or immediately adjacent to the sound equipment. A nonrefundable fee for sound equipment permits shall be paid as follows:
A. Permits for one day or less $ 20.00
B Permits for over one day through one week $ 40.00
C. Permits over one week through one year $ 75.00
No fee shall be required for any sound equipment permit issued to the City, State, or federal government or a governmental subdivision or agency.
5. Information Required. Applications for permits required herein shall be made in writing to the City Administrator, accompanied by the required permit fee and the following information:
A. Type of permit requested;
B. Name and address of applicant;
C. The purpose for which the sound equipment will be used;
D. The location where the sound equipment will be used;
E. The number of days of use and proposed hours of operation of the sound equipment;
F. A general description of the sound equipment, including the license number of any motor vehicle upon which it is to be operated;
G. The proposed sound pressure level output of the sound equipment, including:
(1) Type B Permits. The approximate decibel output measured in dB(a)s at a distance of 100 feet from the sound equipment.
(2) Type A, C, D and E Permits. The address of the residence nearest the sound equipment, the approximate decibel output measured in dB(a)s at the real property boundary of the private residence nearest the sound equipment, and the decibel output measured in dB(a)s at a distance of 50 feet from the sound equipment. If the application contains the required information and is accompanied by the required fee, and the proposed use of the sound equipment complies with the standards and other requirements of this section and all other applicable laws and ordinances, the zoning enforcement officer shall issue the appropriate permit.
6. Application Standards.
A. Type A Permit – General Standards. A type A permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(a)s when measured at the real property boundary of the private residence alleging a noise disturbance when known, or at the real property boundary of the private residence nearest the sound equipment, and registering not more than 100 dB(a)s at a distance of 50 feet from the sound equipment. Sound equipment permitted under a Type A permit may be used only in areas of the City zoned for nonresidential use and only between the hours of 9:00 a.m. and 11:00 p.m.
B. Type B Permit; Sound Trucks – General Standards. Sound trucks may be operated only under a type B permit. A type B permit may be issued for sound equipment mounted upon a motor vehicle and intended for use upon City streets provided that the sound equipment emits only music or human speech registering not more than 80 dB(a)s when measured at a distance of 100 feet from the sound equipment. Sound equipment permitted under a type B permit may be used only in nonresidential areas from 9:00 a.m. to 9:00 p.m.
C. Type C Permit; Parks – General Standards. A type C permit may be used for sound equipment emitting music or human speech registering not more than 50 dB(a)s when measured at the real property boundary of the private residence alleging a noise disturbance when known, or at the real property boundary of the private residence nearest the sound equipment, and registering not more than 100 dB(a)s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type C permit may be used only in public parks owned and operated by the City, or public grounds owned and operated by another governmental body, from 10:00 a.m. to 11:00 p.m. for events authorized and approved by the City or other body having jurisdiction over the park or public grounds.
D. Type D Permit; School Grounds – General Standards. A type D permit may be issued for sound equipment emitting music or human speech registering not more than 50 dB(a)s when measured at the real property boundary of the private residence alleging a noise disturbance when known, or at the real property boundary of the private residence nearest the sound equipment, and registering not more than 100 dB(a)s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type D permit may be used only on school grounds, or in conjunction with a school sponsored activity, from 10:00 a.m. to 11:00 p.m. for events authorized and approved by the school authorities having jurisdiction of the grounds.
E. Type E Permit; Residential Events – General Standards. A type E permit may be issued for sound equipment emitting music or human speech registering not more than 50 dB(a)s when measured at the real property boundary of the private residence alleging a noise disturbance when known, or at the real property boundary of the private residence nearest the sound equipment, and registering not more than 100 dB(a)s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type E permit may be used only pursuant to a permitted street closing, from 10:00 a.m. to 11:00 p.m.
7. Commercial Advertising; Sound Equipment Prohibited. No sound equipment shall be permitted to be used on public streets or public places, or in any building or upon any premises if the sound therefrom may be plainly audible from any public street or public place within the city, when any such use is for commercial advertising purposes or for the purpose of attracting the attention of the public to any building or structure for monetary gain.