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.
(Prior code § 27.30)
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 only occur between
the hours of nine a.m. and six p.m. each day except on 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 10 a.m. and
six p.m. The City Manager or his or her designee may waive the provisions
of this subsection upon a determination that a particular event will
not cause an unreasonable disturbance to neighboring uses.
(C)
Sound level emanating from sound-amplifying equipment shall not exceed
15 decibels above the ambient base noise level.
(E)
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.
(Prior code § 27.35; Ord. 2472 § 1, 1985; Ord.
3238 § 30, 1996)
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 article.
(Prior code § 27.31)
(A)
Registration Statements—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 the owner and user
of the sound-amplifying equipment;
(2)
The maximum sound-producing power of the sound-amplifying equipment,
which shall be 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)
Registration Statements—Approval. The Police Department shall
return to the applicant an approved certified copy of the registration
statement unless he 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 the use of the
equipment would constitute a detriment to traffic safety; or
(C)
Disapproval. In the event the registration statement is disapproved,
the Police Chief or representative shall endorse upon the statement
his or her reasons for disapproval and return it forthwith to the
applicant.
(Prior code § 27.32)
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 applicant
may make written objection to the Council of 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.
(Prior code § 27.33)
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.
(Prior code § 27.34)
