National City Municipal Code Ch. 12.14 Sound Trucks

It is unlawful for any person to operate a sound truck or any vehicle equipped with sound-amplifying equipment without a valid sound truck operating license as provided for in this chapter or in any manner contrary to the provisions of this chapter.

(Ord. 2188 § 2, 2001)

Persons applying for sound truck operating licenses shall make written application to the police department. The form and content of applications for sound truck licenses shall be prescribed by the city manager.

(Ord. 2188 § 2, 2001)

A. All sound-amplifying equipment regulated under this chapter shall be inspected and certified by the police department for compliance with this section before a license can be issued, and may be inspected at any other time by the chief of police or designee whenever there is a reasonable basis for concluding that a violation of this title or chapter has occurred. Such inspection shall be made at time and place designated by the police department.

B. The vehicle upon which the sound amplifying equipment is installed must meet all safety and equipment requirements of the vehicle code, and a current certificate of insurance evidencing the public liability requirements for that vehicle shall be presented.

C. Exterior sound-amplifying equipment shall be securely mounted to the body of the vehicle by means of bolts or other fastening devices of sufficient strength to prevent loss of the equipment during vehicle operation.

D. The sound-amplifying equipment shall be mounted on the vehicle so as to project sound forward along the path of vehicle travel, with the equipment axis more or less parallel to the centerline of the vehicle, not to exceed fifteen degrees to either side of the centerline.

E. The interior of the vehicle shall be equipped at all times with a volume control-limiting device that is marked and calibrated to not allow the sound levels that are prescribed by this chapter for mobile and stationary operation to be exceeded. The police department shall conduct acoustic measurements and ensure that the marks and calibration registered on the volume control-limiting device meet the requirements of this title, including the operating noise limits. The volume control-limiting device must be capable of controlling the sound level at all times during operation.

(Ord. 2188 § 2, 2001)

A. The city treasurer shall issue a sound truck operating license for each application certified by the chief of police to be in compliance with Section 12.14.120. Each sound truck operating license shall be for a specific duration as stated thereon. A business license shall also be required for all sound trucks for hire that are or will be conducting business within the city pursuant to Chapter 6.04.

B. In no case shall a sound truck operating license be in effect for more than thirty days, unless otherwise specified by city council action pursuant to Chapter 15.60.

C. Any sound truck operating license application denied by the city treasurer shall be promptly returned to the applicant with a statement of reasons for that denial.

D. Copies of all sound truck operating licenses issued or denied shall be sent to the chief of police and city manager.

(Ord. 2188 § 2, 2001)

A license shall keep the sound truck operating license in his or her possession in the sound truck during the time the sound truck's sound-amplifying equipment is in operation. The sound truck operating license shall be promptly displayed and shown to any code enforcement officer or policeman of the city, upon request.

(Ord. 2188 § 2, 2001)

Whenever inspection or investigation reveals that sound-amplifying equipment is being operated in violation of this chapter or in violation of the terms and conditions attached to a sound truck operating license, the investigating officer may suspend and demand the immediate surrender of the sound truck operating license. Upon such demand for suspension of sound operations and surrender of the license, the licensee shall immediately stop using the sound-amplifying equipment and surrender the license. Failure to stop the sound operation shall authorize the impoundment of the sound-amplifying equipment, including the vehicle if the sound amplifying equipment cannot be conveniently removed, pending an administrative hearing. The operator shall be advised verbally or in writing of the right to an administrative appeal under section 12.14.200.

(Ord. 2188 § 2, 2001)

Within the next succeeding business day following the suspension of a sound truck operating license, the licensee shall upon verbal or written demand be given the opportunity for an administrative hearing and review before the city manager or his designate. The designate shall not be a member of the department of the officer ordering the suspension. At the time of such hearing, the city manager or designate may reverse the suspension, or affirm or modify it upon making a finding that preservation of public health, safety and welfare warrants such action. Such determination shall thereafter be administratively final.

(Ord. 2188 § 2, 2001)

It is unlawful for any person to operate or cause to be operated any sound truck or sound-amplifying equipment mounted on a sound truck in violation of the following regulations:

A. The only sounds permitted shall be music or human speech, or combination.

B. Sound operations are prohibited after nine p.m. and before eight a.m. in all zones, and may be allowed after nine p.m. in other than residential zones only pursuant to a temporary use permit issued under Chapter 15.60. Sound operations may be ordered suspended by the chief of police or designate whenever sound truck operations are impeding traffic.

C. Sound-amplifying equipment shall not be operated unless the sound system is provided with an operating volume-limiting device meeting the requirements of section 12.14.120, and all the other operating and equipment conditions set forth in that section are met.

D. Sound amplifying equipment shall not be operated within one hundred yards of hospitals, schools, or churches at any time.

E. The volume of sound shall not exceed a sound level of sixty-five dBA at a distance of fifty feet from the sound-amplifying equipment as measured by a sound level meter. When the sound truck is stopped in traffic or for more than one minute, the sound level shall be adjusted so as not to exceed fifty dBA at a distance of fifty feet.

F. Sound-amplifying equipment shall not be operated unless the equipment is mounted facing forward and no more than fifteen degrees to either side of the centerline of the sound truck.

G. No sound truck with sound-amplifying equipment in operation shall be driven on the same street past the same point more than twice in a period of one hour.

H. Sound-amplifying equipment shall not be operated on a sound truck unless a valid sound truck license issued pursuant to section 12.14.140 is in existence.

(Ord. 2188 § 2, 2001)