Porterville Municipal Code Art. III Sound Trucks and Sound Amplifying Equipment

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

SOUND TRUCK: Any motor vehicle, or horsedrawn vehicle, having mounted thereon, or attached thereto any sound amplifying equipment. (Ord. Code § 7431.1)

A. No person shall use, or cause to be used, any vendor vehicle with its sound amplifying equipment in operation for any purpose in the city before filing a registration statement with the city police department in writing. Political sound trucks and special events approved by the city council as community events shall be exempt from this requirement but shall otherwise comply with the California Vehicle Code.

B. This registration statement shall be filed in duplicate and shall state the following:

• 1. Name and home address of the applicant.
• 2. Address of place of business of applicant.
• 3. License number and motor number of the sound truck to be used by applicant.
• 4. Name and address of person who owns the vehicle or sound truck.
• 5. Name and address of person having direct charge of vehicle or sound truck.
• 6. Names and addresses of all persons who will use or operate the vehicle or sound truck.
• 7. The purpose for which the vehicle or sound truck will be used.

8. A general statement as to the section or sections of the city in which the vehicle or sound truck will be used.

9. The proposed hours of operation of the sound amplifying equipment or sound truck.

10. The number of days of proposed operation of the sound amplifying equipment or sound truck.

11. A general description of the sound amplifying equipment which is to be used.

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

a. The wattage to be used.

b. The volume in decibels of the sound which will be produced.

c. The approximate maximum distance for which sound will be thrown from the sound truck. (Ord. Code § 7431.2; Ord. 1531 § B1, 6-18-1996)

All persons using or causing to be used, sound trucks or sound amplifying equipment for any purpose shall amend any registration statement filed pursuant to section 3-12 of this article within forty eight (48) hours after any change in the information therein furnished. (Ord. Code § 7431.2; Ord. 1531 § B2, 6-18-1996)

A. The city police department shall return to each applicant under section 3-12 of this article, one copy of the registration statement duly certified by the city police department as a correct copy of the application.

B. Such certified copy of the sound registration statement shall be in the possession of any person operating the sound amplifying equipment or sound truck at all times while the sound amplifying equipment is in operation and such copy shall be promptly displayed and shown to any law enforcement officer of the city upon request. (Ord. Code § 7431.2; Ord. 1531 § B3, 6-18-1996)

Use of sound trucks or any other vehicle in the city with sound amplifying equipment in operation shall be subject to the following regulations:

A. The only sounds permitted are music.

B. Operation of sound equipment shall be permitted during the hours of nine o'clock (9:00) A.M. to eight o'clock (8:00) P.M.

C. Sound amplifying equipment shall not be operated unless the vehicle or sound truck upon which such equipment is mounted is operated at a speed of at least ten (10) miles per hour except when such vehicle is stopped or impeded by traffic. Where the vehicle is stopped, the sound amplifying equipment shall not be operated for longer than one minute at each such stop.

D. Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches or courthouses.

E. The music amplified shall not be profane, lewd, indecent or slanderous.

F. The volume of sound shall be controlled so that it will not be audible for a distance in excess of fifty feet (50') from the vehicle or sound truck and so that such volume is not unreasonable, loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (Ord. 1757, 8-18-2009)

No person shall operate or cause to be operated, any sound truck in the city for commercial advertising purposes with sound amplifying equipment in operation unless a license has been obtained from the city police department. The fee for such license shall be fixed by resolution of the city council. (Ord. Code § 7431.4; Ord. 1046 § A, 9-18-1973; Ord. 1531 § B5, 6-18-1996)

Persons applying for the license required under section 3-16 of this article shall file with the city police department an application in writing giving in such application the information required in the registration statement under section 3-12 of this article. (Ord. Code § 7431.4; Ord. 1531 § B6, 6-18-1996)

The city police department shall issue a license under section 3-16 of this article upon payment of the required license fee unless the application required in section 3-17 of this article reveals that the applicant would violate the regulations prescribed in section 3-19 of this article or some other provision of this code or other ordinance of the city. (Ord. Code § 7431.4; Ord. 1531 § B7, 6-18-1996)

A licensee shall keep the license required by section 3-16 of this article and such business license as issued to street vendors/peddlers under chapter 15 of this code in his possession in the vehicle or sound truck during the time the vehicle or sound truck's sound amplifying equipment is in operation. The license(s) shall be promptly displayed and shown to any law enforcement officer of the city upon request. (Ord. Code § 7431.4; Ord. 1531 § B8, 6-18-1996)

A. No person shall operate, or cause to be operated, any vehicle with sound amplifying equipment or sound truck for commercial sound advertising purposes in violation of the regulations set forth in section 3-19 of this article.

B. Any person violating this article or any provisions thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Each day that any provision of this article is violated is a separate and distinct offense and shall be punishable as separate and distinct offense. Notwithstanding the classification of a violation of this article as a misdemeanor, at the time an action is commenced to enforce the provisions of this article, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction. Any person convicted of an infraction under this article shall be punished by:

1. A fine not exceeding fifty dollars ($50.00) for a first violation;

2. A fine not exceeding one hundred dollars ($100.00) for a second violation of this article within one year; and

3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this article within one year. (Ord. Code § 7431.5; Ord. 1531 § B9, 6-18-1996)