Sutter County Municipal Code Ch. 200 Sound Trucks

Person. The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization.

Sound truck. The words "sound truck" as used herein shall mean any motor vehicle, or horse-drawn vehicle, having mounted thereon, or attached thereto, any sound amplifying equipment.

Sound amplifying equipment. The Words "sound amplifying equipment" as used herein shall mean any machine or device for the amplification of the human voice, music or any other human voice, music or any other sound. "Sound amplifying equipment" as used herein 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.

(Ord. 230, Sec. 1; June 17, 1960)

(a) Registration required. No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for non-commercial purposes in the unincorporated area of the County of Sutter before filing a registration statement with the County Clerk in writing, or before the receipt of the copy of said registration statement as hereinafter provided in paragraph (c) of Section 200-020 of this Chapter. 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 sound truck.

(5) Name and address of person having direct charge of 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) A general statement as to the section or sections of the county in which the sound truck will be used.

(9) The proposed hours of operation of the sound truck.

(10) The number of days of proposed operation of the sound amplifying equipment which is to be used.

(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.

(b) Registration statement amendment. All persons using or causing to be used, sound trucks for non-commercial purposes shall, amend any registration statement filed pursuant to Section 200-020(a) within 48 hours after any change in the information therein furnished.

(c) Registration and identification. The Clerk shall upon approval by the Board of Supervisors of the County of Sutter, return to each applicant under Section 200-020(a) of this Chapter, one copy of said registration statement duly certified by the County Clerk 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 trucks' sound amplifying equipment is in operation and said copy shall be promptly displayed and shown to any law officer of the County of Sutter of the State of California upon request.

(d) Regulations for use. Non-commercial use of sound trucks in the unincorporated area of the County of Sutter with sound amplifying equipment in operation shall be subject to the following regulations:

(1) The only sounds permitted are 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 11:30 A.M. and 1:30 P.M. and between the hours of 4:30 P.M. and 6:30 P.M.

(3) Sound amplifying equipment shall not be operated unless the sound truck 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 said sound amplifying equipment shall not be operated for longer than one minute at each such stop.

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

(5) The human speech and music amplified shall not be profane, lewd, indecent, or slanderous.

(6) The volume of sound shall be controlled so that it will not e audible for a distance in excess of 100 feet from the sound truck and so that said volume is not 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 15 watts of power in the last stage of amplification.

(Ord. 230, Sec. 2(a)—(d); June 17, 1960)

(a) License required. No person shall operate or cause to be operated, any sound truck in the unincorporated area of the County of Sutter for commercial advertising purposes with sound amplifying equipment in the operation unless a license has been obtained from the County Clerk. The fee for said license shall be two dollars and fifty cents ($2.50).

(b) Application for license. Persons applying for the license required under Section 200-030(a) shall file with the County Clerk an application in writing giving in said application the information required in the registration statement under Section 200-020(a) of this Chapter.

(c) Issuance of license. The County Clerk shall issue upon the approval of the Board of Supervisors a license under Section 200-030(a) of this Chapter upon payment of the required license fee unless the application required in Section 200-030(b) reveals that applicant would violate the regulations prescribed in Section 200-020(d) of this Chapter or the provisions of some other Section of the Sutter County Code.

(d) Possession and display of license. A licensee shall keep such license in his possession in the sound truck during the time the sound truck's sound amplifying equipment is in operation. The license shall be promptly displayed and shown to any law officer of the County of Sutter or State of California upon request.

(e) Regulations for use. No person shall operate or cause to be operated, any sound truck for commercial sound advertising purposes in violation of the regulations set forth in Section 200-020(d) of this Chapter.

(Ord. 230, Sec. 3, (b—(e); June 17, 1960)

Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00) or by imprisonment for not more than six months, or by both said fine and said imprisonment.

(Ord. 230, Sec. 4; June 17, 1960)

It is the intention of the Board of Supervisors of the county of Sutter that each separate provision of this Chapter shall be deemed independent of all other provisions herein, and it is further the intention of the Board of Supervisors that if any provision of this Chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable.

(Ord. 230, Sec. 5; June 17, 1960)

Pursuant to Business and Professions Code §7523(b) and §7514.2, the County of Sutter establishes the following requirements for the regulation of street patrol special officers and any person who furnishes street patrol services or special officers licensed by virtue of Business and Professions Code §7520 et seq.

For the purposes of this chapter, "street patrol special services" shall include any person, firm, association or corporation who agrees to furnish or furnishes a watchman, guard, patrolman, street patrol, special officer, or other person, in uniform or otherwise, to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind; or performs the service of such watchman, guard, patrolman, special officer or other person, for any of said purposes.

Any street patrol special services desiring to do business in the unincorporated areas of Sutter County must request and receive the prior written approval of the Sheriff as to any uniforms or insignias to be used in connection with said services prior to the commencement of business.

In prescribing or approving the style or type of uniform, if any, to be used by the private patrol service, the Sheriff shall designate such style or type of uniform which will be clearly distinguishable from the uniforms and insignia worn by regularly employed law enforcement officers in the County.

It shall be unlawful for any person to wear or cause or permit to be worn any uniform or insignia that is similar in design to any uniform used by the Sheriff's Department or any County Fire Department and no uniform of any type shall be adopted or worn unless the same has been first so approved.

Any street patrol special services desiring to do business in the unincorporated areas of Sutter County must request and receive the prior written approval of the Sheriff as to any equipment or motor vehicle bearing any special markings, color or insignia to be used in connection with any street patrol special service.

The Sheriff shall prescribe or approve the types or character of identification markings or insignia placed on any motor vehicle used in the operation of any private patrol service.

Such identification markings, colors and insignia shall be clearly distinguishable from the vehicles used by regularly employed law enforcement officers in the County.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment.

Each and every violation of any provision of this chapter shall be deemed to be a separate offense and shall be punishable as herein provided.

The Sheriff of Sutter County shall enforce the provisions of this chapter.

Any person, firm, association, or corporation, aggrieved by the action of the Sheriff shall have the right to appeal such action to the Board of Supervisors. Such appeal shall be taken by filing with the County Clerk of Sutter County, within 15 days after notice of action by the Sheriff, a written statement appealing from such action and stating the ground(s) therefor. The Clerk of the Board of Supervisors shall set a time and place for a hearing on such appeal and notice thereof shall be given to the appellant in writing at least ten days prior to such hearing. The decision of the Board shall be final and binding on all parties.

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(Ord. 806, Sec. 1; May 6, 1980)