Cathedral City Municipal Code Ch. 5.68 Sound Trucks and Advertising by Sound

"Commercial purpose"

as used in this chapter means and includes the use, operation or maintenance of any sound amplifying equipment audible outside a building for the purpose of advertising any business, or any goods, wares, merchandise, or services, and for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.

"Noncommercial purpose"

as used in this chapter means the use, operation or maintenance of any sound equipment for other than a "commercial purpose" as defined in subsection A of this section. "Noncommercial purpose" means and includes philanthropic, patriotic or charitable purposes.

"Person"

as used in this chapter means and is as defined in Section 1.01.170.

"Sound amplifying equipment"

as used in this chapter means any machine or device for the amplification of human voice, music, or any other sound. "Sound amplifying equipment" as used in this chapter shall not be construed as meaning standard automobile radios when used and heard only by occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment" as used in this chapter shall not be construed as including warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

"Sound truck"

as used in this chapter means any motor vehicle or horse drawn vehicle having mounted thereon or attached thereto any sound amplifying equipment.

(Ord. 15 § 1, 1982)

No person shall use or cause to be used a sound truck or sound amplifying equipment audible outside a building for commercial purposes, except the equipment of a Federal Communications Commission licensed radio broadcasting company, in this city, before filing a registration statement, in triplicate, with the city manager. The registration statement, in writing, shall state the following:

A. Name and home address of the applicant;

B. Address or place of business of applicant;

C. License and motor number of any sound truck to be used by applicant;

D. Name and address of the person who owns the sound amplifying equipment;

E. Name and address of person having direct charge of the sound amplifying equipment;

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

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

H. General description of the sound amplifying equipment which is to be used;

I. The maximum sound producing power of the sound amplifying equipment to be used;

1. The wattage to be used,

2. The volume in decibels of sound which will be produced,

3. The approximate maximum distance for which sound will be thrown from the sound truck or other sound amplifying equipment.

(Ord. 15 § 1, 1982)

The city manager shall return to each applicant one copy of the registration statement, duly certified by the city manager as a correct copy of the application. The certified copy of the application shall be in the possession of any person operating the equipment at all times while the sound truck or sound amplifying equipment is in operation. The statement shall be prominently displayed and shown to any policeman of the city upon request.

(Ord. 15 § 1, 1982)

The city manager shall not return to the applicant a certified copy of the registration statement if any one of the following conditions exist:

A. Conditions of motor vehicle movement are such that, in the opinion of the city manager, the use of sound amplifying equipment for commercial purposes would constitute a detriment to traffic safety;

B. Conditions of pedestrian movement are such that, in the opinion of the city manager, the use of sound amplifying equipment for commercial purposes would constitute a detriment to traffic safety;

C. The application required in this chapter reveals the applicant would violate the regulations prescribed in Section 5.68.060;

D. If, in the opinion of the city manager, the sound truck or the sound amplifying equipment are in a state of faulty repair and constitute a danger to other motor vehicles or to the pedestrian traffic.

(Ord. 15 § 1, 1982)

Prior to issuance of the registration statement, as provided by Section 5.68.030, the applicant shall pay to the city manager, for and on behalf of the city, a fee in such amount as has been prescribed by resolution of the city council, per day, or any portion thereof, in advance, for the number of days of proposed operation as set forth on the application, to defray the costs to the city of administering the provisions of this chapter.

(Ord. 15 § 1, 1982)

Commercial use of sound trucks or sound amplifying equipment shall be subject to all the following regulations; however, noncommercial use of sound trucks or sound amplifying equipment shall be subject only to those regulations listed in subsections D, F and G of this section:

A. The only sound permitted shall be either music or human speech;

B. Operations are permitted for four hours each day except on Sundays and legal holidays, when no operations shall be authorized;

C. Sound amplifying equipment shall not be operated unless the sound truck upon which the equipment is mounted is operated at a speed of at least ten miles per hour except when the truck is stopped or impeded by traffic. Where stopped by traffic, the sound amplifying equipment shall not be operated for longer than one minute at each such stop;

D. Sound shall not be issued within two hundred feet of hospitals, schools or churches;

E. Sound trucks with sound amplifying devices in operation shall be operated only on commercially or industrially zoned streets within the city;

F. The volume of sound shall be controlled so that it will not be audible for a distance in excess of two hundred feet from the source, and the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to businesses or persons within the area of audibility;

G. No sound amplifying equipment shall be operated with an excess of fifteen watts power in the last stage of amplification.

(Ord. 15 § 1, 1982)

No person shall operate, or assist or participate in the operation of sound amplifying equipment within the city except in compliance with the applicable provisions of this chapter, and no person shall wilfully or knowingly violate any provision thereof, or fail, refuse or neglect to comply with each and every applicable provision in this chapter.

(Ord. 15 § 1, 1982)

A violation of Section 5.68.020, 5.68.060 or 5.68.070 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80.

(Ord. 506 § 3, 1999)

A violation of Section 5.68.020, 5.68.060 or 5.68.070 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 506 § 3, 1999)

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 506 § 3, 1999)

In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Section 5.68.020, 5.68.060 or 5.68.070 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 506 § 3, 1999)

Note: Former § 5.68.110, Administrative fine, adopted by Ord. 506 was repealed by Ord. 892, 10/22/2025.

A violation of Section 5.68.020, 5.68.060 or 5.68.070 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150.

(Ord. 506 § 3, 1999)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 506 § 3, 1999)