Temple City Municipal Code Ch. 3 Parades

As used in this chapter, the following term shall be defined as set forth herein:

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 intended to be heard only by the occupants of the vehicle in which installed, warning devices on authorized emergency vehicles and horns or other warning devices on other vehicles used only for traffic safety purposes. (1960 Code)

No person shall hold, manage, conduct, carry on or participate in, any parade, march or procession of any kind or any other similar activity or bear or play any drum, triangle, tambourine or any wind or string instrument upon any public street or alley in the city without first having applied for and obtained a permit therefor from the sheriff with the approval of the city clerk, as provided in this chapter. (1960 Code)

Any person desiring to do any of the acts specified in section 4-3-1 of this chapter shall file an application with the city clerk upon a form to be supplied by the city without charge to the applicant setting forth the following information in regard to the proposed event:

A. The name and address of applicant;

B. The purpose;

C. The date and time;

D. The place and/or route. (1960 Code)

All applications filed pursuant to this section shall be acted upon by the city clerk within a reasonable time from the date of filing.

Should the clerk after an investigation of the applicant and the facts contained in the application determine that the applicant has stated true facts in his application and the event as proposed will not interfere unduly with the use of the streets and will not tend to cause breach of the public peace, he shall issue a permit, with the approval of the sheriff endorsed thereon, designating the time, place and route of such event. (1960 Code)

In the event the application is denied, applicant may file with the clerk a statement and the reasons why it is believed the clerk or sheriff acted improperly. The city council at its next regular meeting held after the date on which such appeal is filed with said city clerk, shall hear the appeal and determination of said city council thereon shall be final. (1960 Code)

No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation for any noncommercial purpose in the city without filing a registration statement with the city clerk in writing. (1960 Code)

A registration statement shall be filed in duplicate and shall state the following:

A. Name and home address of the applicant;

B. Address of place of business of applicant;

C. License number and motor number of each sound truck to be used by applicant;

D. Name and address of person who owns each sound truck to be used by applicant;

E. Name and address of person having direct charge of each sound truck to be used by applicant;

F. Names and addresses of all persons who will use or operate any sound truck;

G. The purpose for which the sound truck or trucks will be used;

H. A general statement as to the section or sections of the city in which each sound truck will be used;

I. The proposed hours of operations of the sound trucks;

J. The number of days of proposed operation of each sound truck;

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

L. The maximum sound producing power of the sound amplifying equipment which is to be used in or on each sound truck, including:

1. The wattage to be used; and

2. The approximate maximum distance for which sound will be thrown from each sound truck. (1960 Code)

All persons using or causing to be used any sound truck for noncommercial purposes shall amend any registration statement duly certified by the city clerk as a correct copy of said application. Said certified copy of the application shall be in the possession of any person operating any sound truck at all times while the sound truck's sound amplifying equipment is in operation and said copy shall be displayed and shown to any policeman upon request. (1960 Code)

Noncommercial use of sound trucks in the city with the sound amplifying equipment in operation shall be subject to the following regulations:

A. The only sounds permitted are music or human speech;

B. Operations are permitted for three (3) hours per day, except Saturdays, Sundays and legal holidays when no operations are authorized. The permitted three (3) hour operation shall be between the hours of eleven o'clock (11:00) A.M. and twelve o'clock (12:00) noon and three o'clock (3:00) P.M. and five o'clock (5:00) P.M.; provided that upon petition and proper showing, the council may allow operation in excess of three (3) hours per day but no longer than seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M.;

C. 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 (10) miles per hour except when said truck is stopped or impeded by traffic. Where stopped by traffic sound amplifying equipment shall not be operated for longer than one minute at each such stop.

D. Sound shall not be issued within five hundred feet (500') of hospitals, schools, churches, courthouses, courtrooms, county buildings or the city hall. (1960 Code)

No person at any time shall operate, drive or park or cause to be operated, driven or parked upon any street, alley, parkway, sidewalk or public property within the city, without first obtaining written permission therefor from the city clerk, any advertising vehicle sound truck or commercial vehicle with its sound amplifying equipment in operation or with any sound or signaling device in operation for the purpose of advertising goods, wares or merchandise sold at or from such vehicle or for the purpose of attracting or calling attention to such vehicle. Application for the permission required hereunder shall be made to the city clerk in accordance with such rules and regulations as he may prescribe therefor and such permission shall be given only if the operation of any such vehicle, sound truck or commercial vehicle will not be inimical to the public welfare, health or safety or cause such sounds or noises to be emitted or created as will disturb the peace of the citizens of the city. (1960 Code)

The city clerk must refer the application to the county sheriff and may in his discretion rely on the decision of the county sheriff whether the same will be inimical to public welfare, health or safety, or will disturb the peace. (1960 Code)