Burbank Municipal Code Div. 3 Sound Trucks

The Council recognizes that the use of sound amplifying equipment when operated for free speech purposes is protected by the constitutional rights of freedom of speech and assembly, but nevertheless feels obligated to reasonably regulate the use of such equipment in order to protect the correlative constitutional rights of those who wish privacy and freedom from the nuisance of loud and unnecessary noise. [Formerly Numbered Section 21-40; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

No person shall use a sound truck on the street with its sound amplifying equipment in operation without having first filed a registration statement with the Community Development Department in writing. This registration shall be filed in triplicate and shall state the following:

A. Name and home address of the registrant;

B. Address and place of business of registrant;

C. License number and motor number of the sound truck to be used by registrant;

D. Name, address and telephone number of person who owns the sound truck;

E. Name, address and telephone number of person having direct charge of the sound truck;

F. Names and addresses of all persons who will use or operate the sound truck;

G. The purpose for which the sound truck will be used;

H. A general statement as to the section or sections of the City in which the sound truck will be used;

I. The proposed hours of operation of the sound truck;

J. The number of days of proposed operation of the sound truck;

K. A general description of the sound truck amplifying equipment which is to be used;

L. The maximum sound producing power of the sound amplifying equipment, expressed in decibels at a reference distance of thirty feet (30'); and

M. Whether the sound amplifying equipment will be used for commercial or noncommercial purposes. [Formerly Numbered Section 21-41; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383, 2338, 2336, 2194.]

The Community Development Department shall accept such registration unless the Community Development Director finds that the regulations for the use of sound trucks set forth in Section 9-3-221 of this article would be violated in whole or part. If the registration is disapproved, the reasons for disapproval shall be endorsed on the statement and it shall be returned to the applicant forthwith. [Formerly Numbered Section 21-42; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383.]

All persons using sound trucks shall amend any registration statement filed pursuant to this article within forty eight (48) hours after any change in the information therein furnished. [Formerly Numbered Section 21-44; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383, 2338, 2336.]

The Community Development Department shall furnish the Chief of Police with a copy of such registration statement and all amendments thereto. [Formerly Numbered Section 21-45; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383, 2338, 2336, 2194.]

The Community Development Department shall return to each registrant hereunder one copy of said registration statement duly certified as a correct copy of said registration. Said certified copy of the registration shall be in the possession of any person operating the sound truck at all times while the sound truck’s sound amplifying equipment is in operation, and said copy shall be promptly displayed and shown to any police officer or Community Development Director of the City upon request. [Formerly Numbered Section 21-46; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383, 2338, 2336, 2194.]

All persons using sound trucks with sound amplifying equipment in operation shall be subject to the following regulations:

A. The only sound permitted is music or human speech or both;

B. The human speech and music amplified shall not be obscene, profane, lewd, indecent, vulgar, or slanderous, nor shall such music or speech induce, request, or incite any persons to injure or damage persons or property, or to do any illegal act;

C. Sound shall not be issued within three hundred feet (300') of any hospital, church, courthouse, or school;

D. No sound emanating from sound amplifying equipment shall exceed fifteen (15) dBA above the ambient noise level as measured at the property line of the affected property;

E. Sound amplifying equipment shall not be operated between the hours of nine o’clock (9:00) P.M. and nine o’clock (9:00) A.M. of the following day during weekdays and at no time on Sundays;

F. No sound truck with its amplifying equipment in operation shall be operated when:

1. The conditions of motor vehicle movement are such that in the opinion of the Chief of Police 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; and

G. 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. [Formerly Numbered Section 21-47; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383, 2338, 2336.]