La Mirada Municipal Code Ch. 4.25 Sound Amplifying Equipment on Vehicles

Notwithstanding any other provision of this code, it shall be unlawful for any person to operate, or cause to be used or operated, on any public or private street or publicly owned property in the city, any sound amplifying equipment, as defined, except when used or operated in compliance with this chapter.

(Ord. 604 § 2 (part), 2006).

For purposes of this chapter, the following words and terms shall have the meanings set forth below:

'Person' includes the singular and the plural and shall also mean and include any individual, firm, corporation, association, club, partnership, society or any other form of entity, association or organization.

'Sound amplifying equipment' includes any machine or device that is located within, upon or otherwise attached to a vehicle, as defined in the California Vehicle Code, and used to amplify the human voice, music or any other sounds, for the purpose of attracting individuals, or drawing individuals' attention, to such vehicle.

(Ord. 604 § 2 (part), 2006)

(a) No person shall use or cause to be used any sound amplifying equipment on any public or private street or publicly owned property in the city for or in connection with any commercial purpose including the sale of, or any offer to sell, any tangible item or service, without first filing a written registration, in duplicate, with the city clerk and any registration fee adopted by resolution of the city council. The registration shall be signed under penalty of perjury and shall include the following:

(1) Name and home address of the registrant;

(2) Address and telephone number of the registrant's place of business;

(3) Make, model and license plate number of all vehicles to be used by the registrant;

(4) Name and address of the legal and registered owner of the vehicle(s);

(5) Name and address of the person having direct charge of the vehicle(s);

(6) Name, age, address and California driver's license number of all persons who will use or operate the vehicle(s);

(7) A general description of the area or areas of the city in which the vehicle(s) will be used;

(8) The proposed hours of operation of the vehicle(s);

(9) A general description of the sound amplifying equipment to be used, including size and number of speakers;

(10) The number of days that the vehicle(s) will be operated;

(11) The maximum output wattage of the sound amplifying equipment to be used, and the approximate maximum distance that the sound will travel from the vehicle;

(12) A general description of the type of sound to be transmitted from the vehicle;

(13) The purpose for using the sound amplifying equipment including a general description of the goods or services to be offered or sold; and

(14) The type of ownership of the business; i.e., whether individual, partnership, corporation or otherwise.

(b) All persons who have filed a registration form pursuant to this chapter, shall amend the registration within forty-eighty hours to reflect any change in the information therein furnished.

(c) The city shall return to each applicant one copy of the application accepted for filing, that has been acknowledged by city stamp or other official marking. Such copy shall be in the possession of any person operating the sound amplifying equipment while the equipment is in operation, and such copy shall be promptly displayed and shown to any police officer of the city upon request.

(Ord. 604 § 2 (part), 2006).

(a) In no event shall it to be permissible to operate any sound amplifying equipment that can be heard in excess of one hundred feet in any direction or that is unreasonably loud and/or disturbing to persons of normal sensibilities within the area of audibility, while on any public or private street or publicly owned property in the city.

(b) The only sounds permitted to be emanated from sound amplification equipment are music and/or human voice.

(c) Sound amplification equipment shall not be operated within one hundred yards of any hospital, hospice, rest home, public library or public or private school.

(d) Sound amplification equipment shall not be operated unless the vehicle is operating at a speed of at least ten miles per hour except when such truck is stopped or impeded by traffic and is otherwise in compliance with the California Vehicle Code. Where stopped by traffic, such sound amplification equipment shall not be operated for longer than one minute at each stop.

(e) Each person or business granted a permit pursuant to the terms of this chapter shall present the sound amplification equipment proposed to be operated to the city for inspection by the finance director, or his or her designee, to determine whether the sound volume is within the appropriate standards as set forth in this section.

(Ord. 604 § 2 (part), 2006).

Sound amplifying equipment is permitted to be operated within the city between the hours of eight a.m. and six p.m. only of any day.

(Ord. 604 § 2 (part), 2006).

The non-commercial use of sound amplifying equipment is subject to the requirements set forth in Sections 4.25.030(a) and (c) and 4.25.040(a), (b), and (c) of this chapter.

(Ord. 604 § 2 (part), 2006).

The following uses of sound amplifying equipment and activities are exempt from the provisions of this chapter:

(a) Vehicle sound systems, horns, radios and similar devices located within or upon the vehicle, to the extent the sound from any such device is regulated by, and the device is used in accordance with, provisions of the California Vehicle Code;

(b) Use of sound amplifying equipment when used and heard only by occupants of private premises on which the vehicle is located;

(c) Warning devices on authorized emergency vehicles, or any warning device on other vehicles when used for traffic safety purposes or any other device when used by a public safety officer for official purposes;

(d) Use of equipment by any duly authorized facility operator, tenant or lessee as an integral part of any event at stadiums, athletic facilities, or parks;

(e) Use of equipment or machinery as part of construction, alteration, repair, grading or improvement of any building, structure, road or improvement to real property for which a permit has been issued by the city or state or federal government;

(f) Use of equipment or machinery operated by city employees, agents or franchisees, in the course of performing maintenance, construction, trash collection or other municipal services;

(g) Use of sound amplifying equipment as part of vending from a vehicle for which a permit has been obtained pursuant to Chapter 4.60 of this code;

(h) Use of sound amplifying equipment as part of any parade sponsored or conducted by the city, or any parade that is conducted in compliance with all local, state and federal laws; and

(i) Use of sound amplifying equipment where such use is otherwise expressly permitted by law.

(Ord. 604 § 2 (part), 2006).

Written registration shall be accompanied by non-refundable registration fee in such amount as established by resolution of the city council.

(Ord. 604 § 2 (part), 2006).

Any person violating any provision of this chapter shall be guilty of an infraction and shall be punished for a first violation by a fine not exceeding one hundred dollars, and for committing the same offense a second time within one year by a fine not exceeding two hundred dollars, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding five hundred dollars.

(Ord. 604 § 2 (part), 2006).