San Bernardino Municipal Code Ch. 8.57 Sound Vehicles

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PERSON. Includes the singular and the plural and also means and includes any person, firm, corporation, association, club, partnership, society or any other form of association or organization.

SOUND VEHICLE. Any vehicle which carries or is equipped with any instrument or device for the production or reproduction of music, spoken words or other sounds, or any loudspeaker, or other sound-amplifying device designed to enlarge the volume of sound produced by any instrument or by the human voice, which instrument or device is used, or intended to be used, for the purpose of advertising or calling attention to any article, thing or event, or for the purpose of addressing the public or of attracting the attention of the public, along or upon the public streets or ways along which such vehicle travels.

(Ord. 2096, passed 2-21-1956)

The definitions set forth in § 8.57.010 shall not be deemed to include:

(A) Vehicles used only in a parade conducted pursuant to a permit issued by the City Council;

(B) A vehicle equipped with a siren or horn designed and used for the purpose of warning traffic because of such equipment or use, nor any vehicle operated by any governmental agency within the course of its public functions; and

(C) Persons who are licensed by the city to sell goods, wares and merchandise from vehicles and whose vehicles are equipped with sound apparatus emitting music only; provided the sound of such music does not exceed 90 decibels measured at a distance of ten feet from the speaker of the apparatus in that area of the city between Mt. Vernon Avenue and “E” Street and Marshall Boulevard and the west city limits thereof and 95 decibels elsewhere in the city.

(Ord. 2096, passed 2-21-1956)

It is unlawful for any person to drive, operate, propel or park any sound vehicle with the sound-making device, sound-amplifying device or loudspeaker thereof in use or operation:

(A) Within 300 feet of any hospital or school, at any time;

(B) Upon any public street or way between the hours of 6:30 p.m. and 9:00 a.m. of the following day;

(C) Upon any public street or way on any Sunday;

(D) Upon Arrowhead, “D,” “E” and “F’ Streets between Second Street and Sixth Street, inclusive, including both sides of the street;

(E) Upon Third, Court, Fourth, Fifth and Church Streets between Arrowhead and “F” Streets, inclusive, including both sides of the street; and

(F) Upon Highland Avenue between Sierra Way and “I” Street, including both sides of the street.

(Ord. 2096, passed 2-21-1956; Ord. MC-460, passed 5-15-1985)

(A) It is unlawful for any person to use or cause to be used a sound vehicle with its sound-amplifying equipment in operation for non-commercial purposes in the city before filing a registration statement with the City Clerk in writing.

(B) This registration statement shall be filed in duplicate not less than seven days nor more than 30 days before the date of the proposed use of such vehicle and shall include the following information:

(1) Name, home address and telephone number of the applicant;

(2) Business address, telephone number and nature of applicant’s business or the organization which he or she represents;

(3) Make of vehicle and license and motor numbers thereof; and a description of the vehicle to be used;

(4) Name, address and telephone number of the legal and registered owner of the vehicle;

(5) Name, address and telephone number of person or persons who will be present and in control or in direct charge of the vehicle;

(6) Name, address and telephone number of all persons who will use or operate such vehicle as driver, speaker or sound operator;

(7) The general purpose, nature and type of program which will be used;

(8) A general statement as to the route and section or sections of the city in which the vehicle will be used;

(9) The proposed hours of operation of the vehicle;

(10) The number and designation of the days, weeks or months of proposed operation and use of such vehicles;

(11) A specific description of the sound-amplifying equipment to be used;

(12) The minimum and maximum sound-producing power of the sound-amplifying equipment;

(13) The wattage and voltage capacity of the sound-amplifying equipment;

(14) The volume range in decibels of the sound which can be produced by said sound-amplifying equipment;

(15) The approximate minimum and maximum distances for which sound may be thrown from the vehicle;

(16) The address and time where and when such vehicle may be inspected;

(17) The size and type of sign to be displayed and a description of its subject; and

(18) Each application shall have attached thereto three photographs of not less than four by five inches in size showing the front, sides and back of the vehicle, with all exterior equipment and signs clearly visible on said photographs.

(Ord. 2096, passed 2-21-1956; Ord. 3300, passed 10-24-1972; Ord. MC-460, passed 5-15-1985)

Upon any change in the information as to any matter set forth in the application, the applicant shall, within 48 hours after such change, file an amended application. An amended application filed within five days before the proposed using date shall automatically postpone the using date for an additional 30 days.

(Ord. 2096, passed 2-21-1956)

The City Clerk shall return to each applicant under § 8.57.040 one copy of the registration statement duly certified by the City Clerk as a correct copy of the application. The certified copy of the application shall be in the possession of any person operating the sound vehicle at all times while the sound vehicle’s sound-amplifying equipment is in operation, and the copy shall be promptly displayed and shown to any police officer of the city upon request.

(Ord. 2096, passed 2-21-1956)

Non-commercial use of sound vehicles with sound-amplifying equipment in operation in the city shall be subject to the following regulations.

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

(B) Operation is permitted for a period of four hours each day except Sundays when no operation shall be permitted.

(C) The permitted hours of operation shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.

(D) Sound-amplifying equipment shall not be operated unless the vehicle upon which equipment is mounted, or from which sound is emitted, is operated and propelled at a speed of at least 15 mph, except when the vehicle is stopped or impeded by traffic. When stopped by traffic or otherwise impeded, the sound-amplifying equipment shall not be operated for a period longer than one minute at each stop and the sound-amplifying equipment shall not again be operated until the vehicle has progressed 300 feet from each of such stopping places.

(E) Sound-amplifying equipment shall not be operated or sound emitted therefrom within 300 feet of hospitals, schools, churches or courthouses.

(F) The human speech or recorded voice amplified shall not be profane, lewd, indecent, offensive or slanderous, and the words used shall not be such as to incite riot, unlawfulness, breaches of the peace or force or violence.

(G) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 300 feet from the sound vehicle in any direction.

(H) No sound-amplifying equipment shall be operated in excess of 15 watts of power in the last stages of amplification.

(I) The vehicle shall, at all times, be operated so as not to interfere with the normal movement of traffic of vehicles and pedestrians, and shall be stopped both in movement and operation of sound-amplifying equipment upon the approach of authorized emergency vehicles.

(J) The movement of such vehicles shall, at all times, comply with the provisions of the California Vehicle Code and this code relating to traffic regulations.

(K) A statement that applicant, if granted a permit, will not permit, suffer or allow the use and operation of the vehicle in any manner other than as set forth in the application, or the use of any other equipment apparatus or device other than as described and referred to in the application.

(L) The vehicle with sound-amplifying equipment shall not be operated within 300 feet of any hall, auditorium, coliseum or other place wherein a meeting or other public event is in progress and more than 100 persons are in attendance.

(Ord. 2096, passed 2-21-1956)

It is unlawful for any person to operate, or cause to be operated, any sound vehicle for commercial sound advertising purposes in the city with sound-amplifying equipment in operation.

(Ord. 2096, passed 2-21-1956; Ord. MC-460, passed 5-15-1985)

Any person who violates any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 2096, passed 2-21-1956; Ord. MC-460, passed 5-15-1985)