Sacramento Municipal Code Ch. 10.60 Broadcasting Vehicles

"Applicant" includes the owner of any vehicle which is used for the purpose of broadcasting sound.

"Broadcast" includes the use of any device to amplify sound from a source within or upon any vehicle, motorized or otherwise, or the use of any nonamplified device such as gongs, bells, drums, or other musical instruments within or upon such vehicle, in such a manner as to communicate with or attract the attention of persons more than five feet outside the vehicle; provided, however, the term broadcast shall not include horns installed and used in compliance with the Vehicle Code.

"Broadcasting vehicle" includes any vehicle, motorized or otherwise, from which the voice, music or any other sound is broadcast.

"Licensee" includes the owner of any broadcasting vehicle who holds a valid, unrevoked license from the city of Sacramento to broadcast sound from said broadcasting vehicle.

"Owner" includes any natural person, lessee, corporation, partnership, firm, society or any other form of association or organization which holds title to a broadcasting vehicle.

"Residential area" includes any street on which one or more single or multiple family dwellings are erected on any parcel of property which fronts on said street. (Prior code § 25.01.020)

It is unlawful and a public nuisance for the owner or lessee or any vehicle to broadcast, cause to be broadcast, or permit to be broadcast any sound from such vehicle which can be heard more the five feet from such vehicle without first filing a registration statement with the police department and obtaining a license to broadcast according to the provisions of this chapter. (Prior code § 25.01.021)

The owner of the broadcasting vehicle shall file a registration statement with the police department, and obtain a license from that department. A separate registration statement must be filed and a separate license issued for each broadcasting vehicle owned by a common owner.

The owner of the broadcasting vehicle shall be solely liable for violation of Section 10.60.020 of this chapter. The owner shall also be liable, whether or not the owner is a licensee under Section 10.60.020 of this chapter, if the owner operates said broadcasting vehicle in violation of Section 10.60.060 of this chapter. (Prior code § 25.01.022)

All registration statements shall be filed in duplicate with the police department on forms furnished by that department. Each statement shall contain the following information:

A. Name, home address and home telephone number of the applicant;

B. Business address and telephone number of the applicant;

C. The type of soundmaking or broadcasting device or devices attached to or used in conjunction with the broadcasting vehicle including the brand name and model number of the amplifying equipment and its power output stated in continuous watts per channel; the number of speakers through which sound will be broadcast, including the brand name and model number of each speaker which will be used, the volume of sound which will be produced, stated in decibels; and the appropriate maximum distance from which the sounds broadcast may be heard;

D. The manufacturer's name, type, and model number of the broadcasting vehicle to be used, including its license number and the state in which said vehicle is licensed;

E. The name and address of the person who owns the sound equipment;

F. The names and addresses of the persons who will be responsible for the operation and making of broadcasts from the broadcasting vehicle;

G. The locations within the city from which the broadcasts will be made, including the proposed route, if any, which the broadcast vehicle will follow; and

H. The day or days on which broadcasts will be made. (Prior code § 25.01.023)

Providing that the information stated on the registration statement indicates that the use of the sound equipment will not violate any of the provisions of this chapter, the police department shall return to each applicant a certified copy of the applicant's registration statement. Such certified registration statement shall constitute a license to make broadcasts from the designated broadcasting vehicle in accordance with the provisions of this chapter and in accordance with the licensee's registration statement.

The certified registration statement shall be in the possession of any person operating the broadcasting vehicle whenever broadcasts are made, and shall be shown to any police officer upon request.

Upon receiving a certified copy of his or her registration statement, the licensee shall also receive a copy of the regulations governing use of broadcasting vehicles stated in Section 10.60.060 of this chapter.

The police department may issue a license to broadcast on more than one day. No license shall be valid for more than ninety (90) days from the date of issuance. (Prior code § 25.01.024)

A. The following regulations shall apply to any broadcasting from a broadcasting vehicle:

1. Only the sounds of the human voice or music shall be broadcast when using electrically amplified sound equipment;

2. Broadcasts shall be made only between the hours of ten a.m. and six p.m.;

3. No broadcast shall be made while the broadcast vehicle is stopped, unless the broadcast vehicle is stopped or impeded by traffic; or, unless it is reasonably necessary to deliver a message of reasonable length; or unless an address of sustained reason made by human voice would otherwise be impossible; provided that, under no circumstances shall a broadcast be made while the broadcasting vehicle is in a stationary position in a residential area;

4. No broadcasting vehicle shall impede, obstruct, or hinder the flow of traffic on any public street, thoroughfare or alley within the city;

5. Broadcast vehicles shall comply at all times with all applicable parking and vehicle regulations set forth in this title, and with all applicable provisions of the Vehicle Code;

6. No broadcast shall be made within two hundred (200) yards of any school, church, courthouse, hospital or any other institution in which sick people are treated or cared for;

7. No broadcast shall be made which is audible at a distance in excess of four hundred (400) feet from the broadcasting vehicle. The volume of sound shall also be controlled so that it is not unreasonably loud, raucous, or disturbing to persons or domestic animals within the permissible area of audibility;

8. No obscene or profane speech shall be broadcast; and

9. No sound shall be broadcast in or around any vicinity in which the police or fire departments are conducting emergency operations nor shall any broadcast be made which interferes with, or hinders, the operations of such departments. (Prior code § 25.01.025)

It is unlawful and a public nuisance for any person, including, but not limited to, the licensee, to broadcast any sound from a broadcasting vehicle in violation of the regulations set forth in Section 10.60.060 of this chapter. The city attorney is authorized to bring and prosecute an action in any court of competent jurisdiction to enjoin any person, firm, corporation or other form of association or organization from engaging in or continuing to commit any violations of the provisions of Section 10.60.060 of this chapter. (Prior code § 25.01.026)

The filing fee for each registration statement shall be established by resolution of the city council. (Prior code § 25.01.027)

The use or operation of any broadcasting vehicle in violation of the provisions of this chapter, or in a manner contrary to or inconsistent with the statements made in the licensee's registration statement, shall constitute grounds for the revocation of the license granted under Section 10.60.020 of this chapter.

The license to operate a broadcasting vehicle shall be issued and accepted by the applicant with the express understanding that the chief of police may revoke or suspend said license if any of the provisions of this chapter are violated, or if the broadcasting vehicle is used, or broadcasts are made, in a manner inconsistent with or contrary to the statements made in the registration statement, or if the license was obtained by false misrepresentation. (Prior code § 25.01.028)