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HomeMy WebLinkAbout678~, 1 BUTTE COUNTY ORDINANCE NO .__ t~~__/_ ~ __ 2 AN ORDINANCE REGULATING AND PROfiIBITING CERTAIN USES OF SOUND TRUCKS 3 4 5 The BOARD OF SUPERVISORS of the COUNTY OF BUTTES State of g California, do ordain as follows: 7 SECTION 1: DEFINITIONS: $ Via) "Persono" The word "person" as used herein shall 9 include the singular and the plural and shall also mean and 10 include any person, firm, corporation, association, club, partner- . 11 ship, society or any other form of association or organization. 12 (b) "Sound truck." The words "sound truck" as used 13 herein shall mean any motor vehicle, or horse--drawn vehicle, Navin 14 mounted thereonQ or attached thereto, any sound amplifying L5 equipment. 16 (c) "Sound amplifying equipment." The words "sound 17 amplifying equipment" as used herein shall mean any machine or 18 device for the amplification of the human voice, music or any 19 other sound. "Sound amplifying equipment" as used herein shall 20 not be construed as including standard automobile radios when used 21 and heard only by occupants of the vehicle in which installed or 22 warning devices on authorized emergency vehicles or horns or ether 23 warning devices on other vehicles used only for traffic safety 24 purposes. 25 SECTION 2: NON--COMMERCIAL USE OF SOUND TRUCKS. 26 (a) Registration required, No person shall use, or 27 cause to-be used, a sound truck with its sound amplifying equipmen~ 28 in operation far non-commercial purposes in the unincorporated are; 29 of the County of Butte before filing a registration statement with 30 the Sheriff in writing. This registration statement shall be 31 filed in duplicate and shall state-the following: 32 1. Name and home address of the applicant. 2. Address of place of business of applicant. ~.1.. 76 ~' 1 3. I.,icense number and motor number of the sound g truck to be used by applicant. 3 4. Name and address of person who owns the sound ¢ truck. g 5. Name and address of person having direct charge g of sound truck. 7 6. Names and addresses of all persons who will use $ or operate the sound truck. 9 7. The purpose far which the sound truck will be 1.0 used. 11 8. A general statement as to the section or 12 sections of the county in which the sound truck 13 will be used. 1~ 9. The proposed hours of operation of sound truck. 15 10. The number of days of proposed operation of 16 the sound truck. 17 11. A general description of the sound amplifying 18 equipment which is to be used. 19 12. The maximum sound producing power of the sound 20 amplify~.ng equipment to be used in or on the 21 saund trunk. State the following: (a} The 22 wattage to be used. (b) The volume in decim 23 bets of the sound which will be produced. (c) 24 The approximate maximum distance for which 25 sound will be thrown from the saund truck. 26 (b) Re istration statement amendment, All persons usinc 27 or causing to be used, sound trucks for non--commercial purposes 28 shall amend any registration statement filed pursuant to Section 29 2 (a) within forty+-eight ~48) hours after any change in the in- 30 formation therein furnished. 31 (c) Reg istration and identification. The gheriff 32 shall return to each applicant under Section 2 (a) of this -2 - 4 1 ordinance, one copy of said registration statement duly certified 2 by the :Sheriff as a correct copy of said application. Said 3 certified copy of the application shall be in the possession of an 4 person operating the sound truck at all times while the sound 6 truck's sound amplifying equipment is in operation and said copy g shall be promptly displayed and shown to any law officer of the q County of Butte, or?State of California, upon request. 8 (d) Regulations for use. Non-commercial use of sound 9 trucks in the unincorporated area of the County of Butte with YO sound amplifying equipment isi operation shall be subject to the I1 following regulations: 12 1. The only sounds permitted are music or human 13 speech. 14 2. Operations are permitted for four (4) hours 15 each day, except on Sundays and legal holidays 16 when no operations shall be authorized. The 17 permitted four ~4) hours of operation shall be 18 between the hours of 11:30 P,.NIo, and 1:30 P.M., 19 and between the hours of 4:30 P_NI., and 6:30 P. . 20 3. Sound amplifying equipment shall not be operate 21 unless the sound truck upon which such equipmen 22 is mounted i,s operated at a speed of at least 23 ten. X10) miles per hour except when said truck - 24 is stopped or impeded by traffic. Where stoppe 25 by traffic the said sound amplifying equipment 26 sha11 not be operated for longer than one minut 27 at each such stop. 28 4..- Sound shall not be issued within one hundred 29 (100) yards of hospitals, schools, churches, or 30 courthouses. 31 5o The human speech and music amplified shall not 32 be profane,. lewd, indecent, or slanderousa -3- 1 6. The volume of sound shall be controlled so that 2 it will not be audible for a distance in excess 3 of:_,one hundred (100) feet from the souxld truck ¢ and so that said volume is not unreasonably 5 loud, raucous, jarring, disturbing, or a 6 xluisance to persons within the area of audibili 7 7. No sound amplifying equipment shall be operated S with an excess of 15 watts of power in the last 9 stage of amplification. 10 ~ SECTION 3,. GONlMERCTAL ADVERTISING BY SOZ3ND TRUCK LICENSED AND REGULATEDa 11 (a) License recruiredo No person shall operate or cause 12 to be operated, any sound truck in the unincorporated area of the 13 County of Butte for commercial advertising purposes with sound 14 amplifying equipment in operation unless a license has been ob- 15 tamed from the Sheriff The fee for said license shell l6 be ~~2.50, 17 (b) Application for license. Persons apphying for the 18 license required under Section 3 (a) shall file with :the Sheriff 19 an application in writing giving in said application the 20 information required in the registration .statement under Section 21 2 (a ) of this ordinance . 22 ~c) Issuance of license. The Sheriff shall issue 23 a license under Section 3 ,(a.) of tY~is ordinance upon payment of 24 the required license fee. unless the application required in 25 Section 3 (b) reveals that applicant would violate the regulations 26 prescribed in. Section 2 Ed) of this ordinance or the p:rov,i.sions of 2'~ some other ordinance of this countyo 28 (d.) Fossession and display of license,, A 1~.cense` shall 29 keep such license in his possession in the sound truck during the 30 time the sound truck's sound. amplifying equipment is in operation. 31 The license shall be promptly displayed and shown to any law af~ 32 fiver of the County of Butte or State. of California upon requesto --4- 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 Z8 19 20 21 22 23 24 25 26 27 28 23 30 31 32 4e) Regulations for use. No person shall operate, or cause to be operated any sound truck for commercial sound ad- vertising purposes in violation of the regulations set forth .in Section 2 (d) of this ordinance. SECTION 4. PENALTIES. Any person wino violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Eive Hundred Dollars (.$500,00), or by imprisonment for not more than six (6) months, or by both said fine and said imprisonment. SECTION 5. SEPARABILITY. It is the intention of the Board of Supervisors of the County of Butte that each. separate provision of this ordinance sha11 be deemed independent of all other provisions herein, and it is further the intention of the Board of Supervisors that if any pro- vision of this ordinance be declared to be invalid, all other proms visions thereof shall remain valid and enforceable. SECTION 6. E~'ECTNE DATE AND PUBZ,TCATION. This ordinance sha11 take effect 30 days after its adoption, and before the expixation of 15 days aftex its passage sha31 be published once with the names of the members voting for and against the same in the 0 roville=Mercury , a newspaper of general circulation, printed and published in the County of Butte, State of California. ADOPTED AND PASSED at a regular meeting of the Board of Supervisors of the County of Butte, this 11th day of July 1960, by the following vote: AYES: Supervisors A1ldredge~_ Giles and Chairman:: Pryde NOES: Supervisors Huggins and McKernan~: ABSENT: None. ~.... C airman of the and of S ervisors of ATTEST: the County of B te, Sta e of California HARR_IETT JAMES, Butte County Clerk and ex-officio Clerk of the Board off' Super- _go. visors By:.~ ~~. Dept Clerk