Mountain View Municipal Code Div. 1 Generally

No person shall paint, post, put up or display any sign, bill, poster, picture, lithograph, map, plat, sample, or other device for advertising purposes of any kind, upon any billboard, fence, post, pole, wall, building or tree within the city without the express permission of the occupant, owner, lessee, or person having possession thereof, except as hereinafter provided.

(Code 1938, Sec. 600.)

No person shall use, operate or cause to be used or operated any radio, phonograph, loud-speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as hereinafter provided:

(1) Christmas season. During the Christmas season such sound device may be used or operated for playing music related to the Christmas season only in accordance with the following regulations:

(a) Such sound device may be used or operated only for the period December fifth through December twenty-fifth of each year;

(b) Such sound device shall only be used or operated between the hours of nine a.m. and ten p.m. Monday through Saturday, and shall not be used or operated on Sundays;

(c) No such sound device shall be permitted within one hundred (100) yards of any hospital or public library;

(d) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred fifty (150) feet from the sound device and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility;

(e) No such sound device shall be placed or located so as to project into or over any portion of the public street or sidewalk.

(2) Sound amplification permits.

(a) Permit required. A permit may be issued for the use or operation of a sound device upon the approval of an application as set forth herein.

1. If the request for sound amplification is not connected with the closure of a public or private street, thoroughfare, sidewalk or parking lot or the interference with normal vehicular or pedestrian traffic, the application shall be filed with the community services department and may be approved by the director. The completed application shall be filed with the community services department at least ten (10) business days prior to the date of the proposed use for operation.

2. Sound amplification requests connected with the closure of a public or private street, thoroughfare, sidewalk or parking lot or the interference with normal vehicular or pedestrian traffic must be approved by the city council concurrent with any other required permit. The application must be filed with the community services department at least ninety (90) days prior to the date of the proposed use or operation.

(b) Contents of the application. The written application for a sound amplification permit must set forth the following information:

1. Name and home address of each applicant.

2. Address of place of business of each applicant.

3. Address or address of proposed use of sound device.

4. Purpose for which the sound device will be used.

5. Proposed hours of operation or use of sound device.

6. Number of days of proposed operation or use of device.

7. A general description of the sound device to be used or operated.

8. A description of the placement or location of the sound device at the place where it is to be used or operated.

(c) Criteria for approval. The approving body may issue a permit for the use or operation of a sound device upon determining that such use or operation will not be a nuisance and will not be detrimental to the public peace, comfort, safety or general welfare. Such permit shall prescribe, in addition to the regulations hereinafter set forth, such reasonable conditions as city council or community services director shall deem necessary to effectively carry out the intent and purpose of this section.

(d) The permit, or duplicate original thereof, shall be kept in the possession of some responsible person at the place or places the sound device is used, during the time such sound device is in use or operation. The permit shall be promptly displayed and shown to any police officer of the city upon request.

(e) A nonrefundable application fee as set by council resolution shall be charged to process each application.

(Ord. No. 175.499, 10/13/58; Ord. No. 1.97, 1/14/97.)

* As to noises generally, see Sec. 21.27 of this code. As to sound trucks generally, see Sec. 19.20 and Sec. 21.33.

The use, when permitted, or operation of any sound device shall be subject to the following regulations:

(1) The only sounds permitted are music or human speech.

(2) No such sound device shall be permitted within one hundred (100) yards of any hospital or public library.

(3) The human speech and music issued shall not be profane, lewd, indecent or slanderous.

(4) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred fifty (150) feet from the sound device and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.

(Ord. No. 175.499, 10/13/58.)