El Dorado County Municipal Code Ch. 12.38 Mobile Public Address Sound System Equipment

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Mobile public address sound system equipment means any device or contrivance, mechanical, electrical, or otherwise designed or used to amplify the human voice, music or other sounds whether used or designed for use in or upon any vehicle, trailer or other movable device or by hand, operated or powered by motors, electricity or any other means. The term "mobile public address sound system equipment" shall exclude mobile sound system equipment used primarily to benefit the occupants of a vehicle as opposed to the general public.

Sheriff means the Sheriff of the County.

(Prior Code, § 7561; Code 1997, § 12.38.010; Ord. No. 3189, § 1(part), 1981)

A. No person shall use any mobile public address sound system equipment in the outdoor areas of the County unless a permit therefor has been obtained from the Sheriff.

B. To the extent allowed by law, permit fees therefor shall be charges by the Sheriff in the amount established by resolution of the Board of Supervisors upon recommendation of the Sheriff.

C. This chapter shall not apply to any governmental agency within the scope of its functions.

(Prior Code, § 7562; Code 1997, § 12.38.020; Ord. No. 3189, § 1(part), 1981)

A person seeking issuance of a mobile public address sound system equipment shall file an application with the Sheriff.

(Prior Code, § 7563(part); Code 1997, § 12.38.030; Ord. No. 3189, § 1(part), 1981)

An application for such a permit shall be filed with the Sheriff no less than 20 days nor more than 60 days before the date on which it is proposed to use such equipment.

(Prior Code, § 7563(1); Code 1997, § 12.38.040; Ord. No. 3189, § 1(part), 1981)

The application for such a permit shall set forth the following information:

A. The name, address and telephone number of the person seeking to utilize such equipment;

B. If the equipment is proposed to be used for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible head of such organization;

C. The name, address and telephone number of the person who will be operating the equipment and who will be responsible for such operation;

D. The type, nature and description of the vehicle to be used and/or the sound amplifying equipment to be used;

E. The date and place or places the equipment is to be used;

F. The route to be traveled, the starting point, and the termination point, if any;

G. The hours when such equipment will be operated;

H. Any additional information which the Sheriff finds reasonably necessary to a fair determination of the conditions to be attached to the issuance of such permit.

(Prior Code, § 7563(2); Code 1997, § 12.38.050; Ord. No. 3189, § 1(part), 1981)

The Sheriff, where good cause is shown therefor, shall have the authority to consider any application under this chapter which is filed less than 20 days before the date such mobile public address sound system equipment is proposed to be used.

(Prior Code, § 7563(3); Code 1997, § 12.38.060; Ord. No. 3189, § 1(part), 1981)

Immediately upon receipt of an application as hereinabove set forth, the Sheriff shall investigate or cause to be investigated the area in which or adjacent to which the use of the equipment is requested. Upon completion of such investigation, the Sheriff shall issue a permit as requested by the applicant or shall vary the terms of the request for such a permit only as to the time, place and manner of operation of the equipment. In considering any variation of the use of the equipment other than as requested by the applicant, the Sheriff shall be limited to an application of the rule of reason relating to the hours of possible use, the decibel level of the amplifying equipment involved and the peace and good order of the affected neighborhood.

(Prior Code, § 7564; Code 1997, § 12.38.070; Ord. No. 3189, § 1(part), 1981)

The applicant or any aggrieved person, including, but not limited to, any County officer, department, board or commission affected by the permit, shall have the right to appeal to the Board of Supervisors in the same manner as set forth in Section 12.37.080. The Board may hear additional evidence and may sustain or modify the decision of the Sheriff consistent with the standards set forth in Section 12.38.070.

(Prior Code, § 7565; Code 1997, § 12.38.080; Ord. No. 3189, § 1(part), 1981)

Immediately upon the issuance of a mobile public address sound system equipment permit, the Sheriff shall send a copy thereof to the following:

A. The Chair of the Board of Supervisors;

B. The District Attorney;

C. The Fire Chiefs of the affected areas;

D. The Director of Transportation;

E. Any other County official or department head whose area of responsibility will be affected thereby.

(Prior Code, § 7566; Code 1997, § 12.38.090; Ord. No. 3189, § 1(part), 1981; Ord. No. 3766, § 56, 1987; Ord. No. 5051, § 2, 4-18-2017)

Each permit shall state the following information:

A. The time period within which and the place or places where such equipment may be used;

B. The minimum and maximum speed of the vehicle transporting such equipment, if any;

C. The streets, roads, highways, alleys or thoroughfares or parts thereof that may be traversed by the vehicle carrying such equipment;

D. Such other information or conditions as the Sheriff finds necessary to the enforcement of this chapter.

(Prior Code, § 7567; Code 1997, § 12.38.100; Ord. No. 3189, § 1(part), 1981)

A. A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances.

B. Possession of permit. The permittee or other responsible person designated in the application shall carry the permit upon his or her person during the period of operation of the equipment.

(Prior Code, § 7568; Code 1997, § 12.38.110; Ord. No. 3189, § 1(part), 1981)

The Sheriff shall have the authority to revoke the permit issued under this chapter when any of the operations or conduct of such use violates any of the conditions listed in the contents of the permit.

(Prior Code, § 7569; Code 1997, § 12.38.120; Ord. No. 3189, § 1(part), 1981)