Chapter 5.68 — SOUND TRUCKS

"Commercial purpose" as used herein means and includes the use, operation or maintenance of any sound amplifying equipment mounted on a sound truck 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 herein means the use, operation or maintenance of any sound equipment for other than a "commercial purpose" as defined above. "Noncommercial purpose" means and includes philanthropic, patriotic or charitable purposes.

"Person" as used herein means and shall be as defined in Section 1.01.110.

"Sound amplifying equipment" as used herein means any machine or device for the amplification of human voice, music, or any other sound. "Sound amplifying equipment" as used herein shall not be construed as meaning standard automobile radios when used and heard only by occupants of the vehicle in which the said automobile radio is installed. "Sound amplifying equipment" as used herein 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 herein means any motor vehicle or horse drawn vehicle having mounted thereon or attached thereto any sound amplifying equipment. (Prior code §§ 4400—4404)

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

• (1) Name and home address of the applicant;

• (2) Address or place of business of applicant;

• (3) License and motor number of the sound truck to be used by applicant;

• (4) Name and address of the person who owns the sound truck;

• (5) Name and address of the person having direct charge of the sound truck;

• (6) Names and addresses of all persons who will use or operate the sound truck;

• (7) The purpose for which the sound truck will be used;

• (8) General description of the sound amplifying equipment which is to be used;

• (9) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck. State the following:

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City of Palm Springs, CA § 5.68.020

PALM SPRINGS CODE

§ 5.68.060

• (A) the wattage to be used,

• (B) the volume in decibels of sound which will be produced,

• (C) the approximate maximum distance for which sound will be thrown from the sound truck.

If applicant is an employee or agent for any person, firm, or corporation desiring commercial advertising, the applicant shall give the name and address of the person, firm or corporation. (Prior code §§ 4410—4410.9)

The chief of police shall return to each applicant one copy of the registration statement, duly certified by the chief of police as a correct copy of said application. Said certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck and sound amplifying equipment is in operation. Said statement shall be prominently displayed and shown to any policeman of the city upon request. (Prior code § 4411)

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

• (1) Conditions of motor vehicle movement are such that, in the opinion of the chief of police, sound amplifying equipment for commercial purposes would constitute a detriment to traffic safety;

• (2) Conditions of pedestrian movement are such that, in the opinion of the chief of police, sound amplifying equipment for commercial purposes would constitute a detriment to traffic safety;

• (3) The application required herein above reveals the applicant would violate the regulations prescribed in Section 5.68.060;

• (4) If, in the opinion of the chief of police, the sound truck or the sound amplifying equipment are in a state of faulty repair and constitute a danger to other motor vehicle or to the pedestrian traffic;

• (5) If applicant has been convicted of a crime in this state or any other state which would, under California law, constitute moral turpitude.

• (Prior code §§ 4412—4412.5)

Prior to issuance of the registration statement, as provided by Section 5.68.030, the applicant shall pay to the chief of police, 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. (Prior code § 4413; Ord. 913 § 20, 1971)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.68.060

§ 5.68.070

Commercial use of sound trucks with sound amplifying equipment in operation shall be subject to all the following regulations; however, noncommercial use of sound trucks with sound amplifying equipment in operation shall be subject only to those regulations listed below as (4), (6) and (7):

• (1) The only sound permitted shall be either music or human speech;

• (2) Operations are permitted for four hours each day except on Sundays and legal holidays, when no operations shall be authorized. The permitted four hours of operation shall be between the hours of eleven-thirty a.m. and one-thirty p.m., and between the hours of fourthirty p.m. and six-thirty p.m.;

• (3) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when said 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;

• (4) Sound shall not be issued within two hundred feet of hospitals, schools or churches;

• (5) Sound trucks with sound amplifying devices in operation shall be operated only on Palm Canyon Drive, East Palm Canyon Drive, and Indian Avenue, within the city;

• (6) 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 sound truck, and the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility;

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

(Prior code §§ 4430, 4430.1—4430.5, 4430.7, 4430.8; Ord. 913 § 20, 1971)

No person shall operate, or assist or participate in the operation of any sound truck 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 herein.

(Prior code § 4440; Ord. 913 § 20, 1971)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.72.010

§ 5.72.030