Chapter 9.20
SOUND TRUCKS AND PUBLIC ADDRESS SYSTEMS
Sections:
9.20.020 Sound amplifier defined.
9.20.040 Permit—Application—Contents.
9.20.050 Permit—Application—Fees required.
9.20.070 Permit—Fees designated.
9.20.080 Permit—Waiver of fees for charitable institutions.
9.20.110 Streets on which operation prohibited.
9.20.130 Exception for Christmas carols.
9.20.140 Resolution by council to forbid operation in certain cases.
9.20.150 Zones of quiet—Establishment by resolution.
9.20.160 Zones of quiet—Description of extent in resolution.
9.20.170 Zones of quiet—Installation and maintenance of signs—Costs.
9.20.180 Zones of quiet—Unlawful to operate sound amplifiers when signs erected.
9.20.010 Applicability.
The provision of this chapter shall not apply to the use or operation of any sound amplifier by any police or fire department or law enforcement officer, nor to the use by any hospital, school, educational institution or recreational facility when used and operated upon property owned or controlled by such hospital, school, educational institution or recreational facility; nor shall this chapter apply to persons who install home sound systems in and about their premises; provided, that the same may not be in use after nine p.m. and the same shall not be played at a volume so as to disturb any neighboring property owner. (Ord. 405 § 1, 1963: prior code § 23.2: Ord. 139 § 15)
9.20.020 Sound amplifier defined.
“Sound amplifier,” as used in this chapter, means any mechanically operated instrument or device, and all parts or accessories connected thereto, which amplifies or increases the volume of sound by the use of electricity, when used separately or in connection with any radio, phonograph or similar sound-producing instrument or device, and includes, among other things, public address systems, loudspeakers, sound trucks or vehicles equipped with loudspeakers, but does not include the standard household or automobile radio, when used as such. (Prior code § 23.1: Ord. 139 § 1)
9.20.030 Permit—Required.
It is unlawful for any person to use or operate or permit to be used or operated, out of doors or indoors, to reach persons out of doors, a sound amplifier in any part of the city without a permit from the chief of police granted upon application in writing therefor. (Ord. 358 § 1 (part), 1962; prior code § 23.10: Ord. 139 § 2)
9.20.040 Permit—Application—Contents.
Application to the chief of police under the terms of this chapter shall be in writing, verified by the owner, hirer or other person in lawful possession of the sound amplifier during the life of the permit, and shall contain the following information:
A. Each application must set forth the license number and motor number of any vehicle involved and there must be attached thereto a detailed plan and specification of the proposed sound or advertising device or equipment to be used. As to sound amplifiers, the maximum noise-producing power of the equipment to be used shall be expressed in terms of decibels, or otherwise indicated with certainty.
B. Each application shall designate the streets and areas upon or within which each sound amplifier is to be operated, which may include no street upon which the use of a sound amplifier is prohibited, by express provisions of this chapter, or by rule or regulation of the chief of police.
C. Each application must set forth the hours during which the sound amplifier is proposed to be used, which must include no time during which such use is prohibited by express provision of this chapter, or by rule or regulation of the chief of police.
D. Any application for indoor equipment, which will reach out of door persons, shall also state the time during which such use shall be made.
E. Each application must state whether the sound amplifier is to be used for commercial advertising purposes. (Ord. 358 § 1 (part), 1962; prior code § 23.11: Ord. 139 § 3)
9.20.050 Permit—Application—Fees required.
Each application for a sound or advertising vehicle permit shall be accompanied by an investigation fee of ten dollars for each vehicle for which a permit is requested, and no permit shall be issued or a renewal thereof granted unless the applicant shall pay the additional permit fee prescribed in Section 9.20.070. (Prior code § 23.12: Ord. 139 § 4)
9.20.060 Permit—Term—Renewal.
The term of each sound or advertising vehicle permit shall be one week, one month or one year, as requested in the application and granted by the chief of police, and each permit may be renewed from time to time upon request accompanied by the required fee. (Ord. 358 § 1 (part), 1962; prior code § 23.13: Ord. 139 § 5)
9.20.070 Permit—Fees designated.
A. For each sound amplifier used in the business of commercial advertising, the permit fee shall be established by resolution of the city council.
B. For each sound or advertising vehicle which is not used in the business of commercial advertising, the permit or renewal fee shall be established by resolution of the city council.
C. For each sound amplifier used for entertainment purposes of patrons on a private premises, such as a drive-in restaurant, no permit fee shall be charged. The hours of operation for each amplifier shall be ten a.m. through ten p.m., and the volume of such amplifier shall not be such that the sound carries outside the private property on which the same is used. (Ord. 86-004 § 4, 1986; Ord. 405 § 2 (part), 1963; prior code § 23.14: Ord. 139 § 6 (part))
9.20.080 Permit—Waiver of fees for charitable institutions.
The chief of police may waive the application and permit fees provided by Sections 9.20.030 through 9.20.050 upon showing that the applicant is a bona fide charitable institution or upon showing that the purposes for which the permit is to be used are valid charitable purposes. (Ord. 358 § 1 (part), 1962; prior code § 23.15: Ord. 139 § 6 (part))
9.20.090 Permit—Revocation.
Any sound or advertising vehicle permit may be revoked or suspended by the chief of police, or the renewal thereof denied, for the violation of any provisions of this chapter, or for any cause made a ground for the denial thereof, or for the violation of any provision of this chapter or of any rule or regulation of the city council adopted pursuant to this chapter. (Ord. 358 § 2, 1962: prior code § 23.16: Ord. 139 § 7, 1962)
9.20.100 Permit—Posting.
Each permit for a sound amplifier issued pursuant to this chapter shall be conspicuously placed upon the premises or on the vehicle on which the sound amplifier is located. (Prior code § 23.17: Ord. 139 § 16)
9.20.110 Streets on which operation prohibited.
No permit for the operation of any sound truck or vehicle shall be granted under this chapter to operate such vehicle along the following streets in the city:
A. San Pablo Avenue;
B. Vale Road, between San Pablo Avenue and the Richmond city limits. (Prior code § 23.3: Ord. 139 § 8)
9.20.120 Hours of operation.
No permit shall be granted under this chapter for the operation of a sound amplifier except during the following hours: ten a.m. through six p.m., daily, and except as provided in subsection C of Section 9.20.070. No sound permits for sound trucks or other vehicles may be granted for operation on Sundays. (Ord. 405 § 2 (part), 1963: prior code § 23.4: Ord. 139 § 9)
9.20.130 Exception for Christmas carols.
From December 5th to December 25th, in conjunction with Christmas displays, persons may be allowed to play Christmas carols daily from nine a.m. to nine p.m. to residential areas without first having to obtain a permit from the chief of police; provided, however, that the chief of police may regulate the volume of any such amplification. (Ord. 405 § 3, 1963: prior code § 23.4(a))
9.20.140 Resolution by council to forbid operation in certain cases.
Whenever the city council, after due investigation and consideration, determines that the operation of sound or advertising vehicles upon any street or portion of a street, or within any specified area, at any time or during certain hours, would create or materially increase traffic condition, or delay or increase the hazard of physical injury to person or property, in the course of or flow of traffic, it may by resolution forbid such operation. (Prior code § 23.5: Ord. 139 § 10)
9.20.150 Zones of quiet—Establishment by resolution.
The council, for the purpose of preventing disturbance to the occupants of residences, churches, hospitals, institutions or the students or faculties of such schools or educational institutions, may establish, by resolution, zones of quiet adjacent to such residences, churches, hospitals, institutions reserved for the sick, office or offices, schools and educational institutions, when occupants of residences or the superintendent or chief executive officer of such church or institution, or the executive head or manager of such office or offices requests the establishment of such zones. (Prior code § 23.6: Ord. 139 § 11)
9.20.160 Zones of quiet—Description of extent in resolution.
The resolution adopted by the council under Section 9.20.150 establishing a zone of quiet shall describe the ex-tent of such zone of quiet. (Prior code § 23.7: Ord. 139 § 12)
9.20.170 Zones of quiet—Installation and maintenance of signs—Costs.
Upon the establishment of zones of quiet by the council under Section 9.20.150, the chief of police is authorized to install and maintain appropriate signs to indicate the existence of such zones; provided, that the expense of such installation and maintenance is to be paid by the institution, or persons making such requests for zones of quiet prior to such installation. (Prior code § 23.8: Ord. 139 § 13)
9.20.180 Zones of quiet—Unlawful to operate sound amplifiers when signs erected.
It is unlawful for any person to use or operate or permit the use or operation of any sound amplifier out of doors, or indoors when used or operated to reach persons out of doors, within any zone of quiet established by resolution of the council in accordance with Section 9.20.150; provided, that signs are erected indicating the existence of such zone of quiet. (Prior code § 23.9: Ord. 139 § 14)