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Home My WebLink AboutORD 102ORDINANCE NO. 102 Ail ORDINANCE Of nil! CtT? Of PALM DKSXRT, CALIFORM, REGUTATINO 6 PRONISITINO USES OF SOUND TRUCKS. The City Council of the City of Pals.Desert, California, DORS MUST ORDAIN as followse Section le Definitions. (a) "Person." The Nord "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 organisation. (b) "Sound truck." The words "sound truck" as used herein shall mean any motor vehicle, or other moveable vehicle, having mounted thereon, or attached thereto, any sound amplifying equip- ment. (c) "Sound amplifying equipment." The words "sound amplify- ing equipment" as used herein shall mean any machine or device for the amplification of the 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. (d) "Commercial." "Commercial" purposes as used herein means and includes the use, operation or maintenance of any sound amplifying equipment mounted on a sound truck for the purpose of advertising any business, or any goods, wars*, merchandise, or services, and for the purpose of attracting the attention of the public to. or advertising for, or soliciting patronage of custom- ers to or for any performance, show, entertainment, exhibition, } or Treat, or for the purpose of demonstrating any such sound • equipment. (a) "Non-Commerstal." Ilion- commereial" as used herein some the use of, operation or maintenance of any sound equipment for other tbsn a commercial purpose. "Nos -Commercial purposes" s� •�t ' Mama WA ineIV&ts but it not limited to, philanthropic, patriotic, obatitableo political or community promotion purposes. Section It lion -Cass ereial _ flan of Sound Trucks. (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 City of palm Desert, before filing a written registration statement with the Code Rnforcemsnt Supervisor. This registration statement shall be filed in duplicate and shall state the following: (1) Name and hdme 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. (S) Name and address of person having direct charge of the 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 City 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 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 followings (a) The wattage to be used. (b) The volume in decibels of the sound which will be produced. (a) The approximate maximum distance for which scend will be thrown from the sound truck. (b) Registration statement amended. All persons using or causing to be used, sound trucks for non-commercial purposes shall amend any registration statement filed pursuant to section 2 (a) within forty-eight (48) hours after any change in the information 020 therein to raished. (in) ttrsitttatien and identification. The Code tSnforcemet+t Iupervieoti shall return to each applicant under Section 2 (a) of tbia Ordinance$ one copy of said registration statement duly certified 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 truck's sound amplifying equipment is in operation and said copy shall be promptly displayed and shown to any law enforcement officer of the City of Pals Desert upon request. (d) Regulations for use. Non-commercial use of sound trucks in the City of Palm Desert 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 each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted hours of operation shall be between the hours of 9:00 a.m. and 6:30 p.m. (3) 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 the said sound amplifying equipment shall not be oper- ated for longer than one minute at each such stop. (4) Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches, courthouties.-ov polling places. (S) No sound truck with its amplifying device in oper- ation shall be operated in areas predominately residential (R-1. t-2, t-3), on the following streets between the points designated: (a) All streets - south of 21 Pass* between Highway 74 and Portola Avenna. (b) All streets - north of Alessandro Drive between Sax Pablo and Deep Canyon Road. (a) All streats - north of Worth Palm Desert Drive Westerly of gas Pablo. (d) All streets - westerly of Highway 74 and -p- lleaterey Avenue except for Highway 111 and Plata Way. (u All stseats • southerly of South Pala Desert -i bdve arA Montag lead easterly of Portola Avenue except for KI Pam% (6) The human speech and music amplified shall not be profane, lewd, indecent, or slanderous. (7) The volume of sound shall be controlled so that it 'will not be audible for a distance in excess of two hundred (200) feet from the sound truck and so that said volume is not unreason- ably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility. (8) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last state of amplification. Section 3: Commercial Advertisinst by Sound Truck Prohibited. No person shall operate, or cause to be operated, any sound truck for commercial sound advertising purposes in the City of Pals Desert with sound amplifying equipment in operation. Section 4: Penalties. Any person who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Five Hundred Dollars ($500), or by imprisonment for not more than six (6) months or by both said fine and said imprisonment. Section S. Separability. It is the intention of the City Council that each separate provision of this Ordinance shall be dessed independent of all other provisions herein, and it is fur- ther the intention of the City Council that if any provision of this Ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. Section 6. The City Clark of the City of Palm Desert is hereby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Pals Desert Post, a newapapor publication, and circulated within the City of Pala Desert. Califors". -4• Sil Pam, i no "d &DOM this 10-181L day Of hafte tm City Owwait of tm city of Palo Imserto califorAta. , to toll"b4 vote I Amt ASM, MSMj 1MMj, McPHERSON CLARK NONE Assort NONE HARVEY W-HURLUMT; Cit -CL6-rk City of Pelts Desert, California # ale