It shall be unlawful for any person, firm or corporation for advertising purposes or for the purpose of attracting attention of the passing public to play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for producing or reproducing any sound on the streets or public places of the city at any location in the city where the sound therefrom is cast directly upon the streets or public places or which is so placed or operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers on any street or in any public place, or of persons in neighboring premises.

(Code 1962, 13-303; Code 1985, 5-901)

(a)   It shall be unlawful without a permit for any person, firm, corporation, or society, either as principal, agent or employee, for hire or compensation, to use or operate for commercial and business advertising purposes on or upon the public streets, alleys or thoroughfares of the city, any device known as a sound truck, loud speaker or sound amplifier or a radio or phonograph equipped with a loud speaker or sound amplifier, or any sound producing device, or instrument of any kind or character, which is attached to or upon any vehicle operated or standing upon the streets, alleys or thoroughfares of the city. However, nothing herein shall be construed to require a permit of any circus for using the streets or thoroughfares for a circus parade (when authorized by the license issued therefor), nor to prevent any person using a sound truck or amplifier in any public place of the city between the hours of9 am, and 9 p.m. for the purpose of espousing his or her candidacy or the candidacy of some other person or persons for public office, or for the purpose of expressing his or her view of any lawful subject or for the broadcasting by sound truck or amplifier of any information or data of unusual or non-commercial nature and of general interest to the public during business hours in the city.

(b)   Permits for the use and operation of sound amplifying equipment upon the streets and public thoroughfares of the city for commercial purposes may be issued by the city manager upon an application to the city clerk in duplicate by the operator or owner thereof giving the following information:

(1)   Name and home address of the applicant.

(2)   Address of place of business of applicant.

(3)   License number and motor number of the sound truck to be used by applicant.

(4)   Name and address of person who owns the sound truck.

(5)   Name and address of person having direct charge of sound truck.

(6)   Names and addresses of all persons who will use or operate the sound truck.

(7)   The purpose for which the sound truck will be used.

(8)   The proposed hours of operation of the sound truck.

(9)   The number of days of proposed operation of the sound truck.

(10) A general description of the sound amplifying equipment which is to be used.

(11) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck; the wattage to be used; the volume in decibels of the sound which will be produced; the approximate maximum distance for which sound will be thrown from the sound truck.

(c)   Upon approval of application by the city manager, the application shall be endorsed by a statement of such approval and certified by the city clerk under the seal of the city. One copy shall be returned to the applicant who shall at all times during operation of the sound truck while the sound amplifying equipment thereof is in use display such permit on the sound truck.

(d)   The use of sound trucks in the city at all times shall be subject to the following regulations except as may otherwise be provided under subsection (a) herein:

(1)   Operation of sound amplifying equipment for commercial purposes under a permit shall be limited to after 9:00 a.m. and before 9:00 p.m.

(2)   Sound trucks may not be operated within 100 yards of hospitals, or schools while the same are in session.

(3)   No sound amplifying equipment shall be operated in excess of 15 watts of power in the last stage of amplification.

(Ord. 1245; Code 2006)