Chapter 9.16
LOUDSPEAKERS, SOUND AMPLIFIERS AND LIGHTING EQUIPMENT
Sections:
9.16.020 Registration – Required.
9.16.030 Registration – Contents – Approval or disapproval.
9.16.010 Purpose.
The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that the use of sound amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. (Ord. 993 §1(part), 1978: prior code §13.45.1).
9.16.020 Registration – Required.
It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of person in or upon any street, alley, sidewalk, park, place, or public property without first filing a registration statement and obtaining approval thereof as set forth in this chapter. (Ord. 993 §1(part), 1978: prior code §13.45.2).
9.16.030 Registration – Contents – Approval or disapproval.
A. Filing. Every user of sound amplifying equipment shall file a registration statement with the police department three days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:
1. The name, address and telephone number of both owner and user of the sound amplifying equipment;
2. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;
3. The license and motor number if a sound truck is to be used;
4. A general description of the sound amplifying equipment to be used;
5. Whether the sound amplifying equipment will be used for commercial or noncommercial purposes.
B. Approval. The police department shall return to the applicant an approved certified copy of the registration statement unless it finds that:
1. The conditions of the motor vehicle movement are such that in the opinion of the police chief or his representative use of the equipment would constitute a detriment to traffic safety; or
2. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
3. The registration statement required reveals that the applicant would violate the provisions set forth in Section 9.16.060 or any other provisions of this code; or
4. The registration statement required reveals that the applicant would violate applicable statutory provisions or regulations of the state.
C. Disapproval. In the event the registration statement is disapproved, the police chief or his representative shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant. (Ord. 993 §1(part), 1978: prior code §13.45.3).
9.16.040 Appeal.
Should any applicant for a permit pursuant to this chapter be dissatisfied with the action of the city police department not to grant a permit or for the revocation of a permit, then the city, setting up the grounds of dissatisfaction. Upon receipt of such objection, the council shall set the matter for hearing at its next regular meeting giving written notice thereof to the applicant. Upon such hearing the city council may sustain, suspend, or overrule the decision of the police department and its decision shall be final and conclusive. Pending the hearing before the council, the decision of the police department shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive, but shall take effect as of the date of the council’s decision. (Ord. 993 §1(part) 1978: prior code §13.45.4).
9.16.050 Fees.
Prior to the issuance of the registration statement, a fee in the amount of five dollars per day, or any portion thereof, shall be paid to the city, if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for noncommercial purposes. (Ord. 993 §1(part), 1978: prior code §13.45.5).
9.16.060 Regulations.
The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations:
A. The only sounds permitted shall be either music or human speech, or both.
B. The operation of sound amplifying equipment shall occur between the hours of nine a.m. and six p.m. each day except Sundays and legal holidays. No operation of sound amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of ten a.m. and six p.m.
C. Notwithstanding the provisions of subsection B of this section, sound amplifying equipment shall not be operated within two hundred feet of churches, schools, or hospitals.
D. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (Ord. 993 §1(part), 1978: prior code §13.45.6).