Chapter 7.78 SOUND AND ADVERTISING VEHICLES

Part 1 DEFINITIONS AND GENERAL PROVISIONS

7.78.010 Definitions.

7.78.020 Exceptions--Advertising vehicles.

7.78.030 Exceptions--Vehicles sounding musical apparatus, horns or bells.

7.78.040 Exceptions--Vehicles operated by governmental agency.

7.78.050 Continuation of chapter provisions.

7.78.060 Rights under earlier provisions.

Part 2 LICENSING

7.78.070 License--Required.

7.78.080 Application for license--Contents.

7.78.090 Application--Vehicle information.

7.78.100 Application--Area of operation.

7.78.110 Application--Hours of operation.

7.78.120 Fees--Requirements generally.

7.78.130 Fees--Noncommercial operations.

7.78.140 Granting or denying license--Conditions.

Part 3 OPERATION RESTRICTIONS

7.78.150 Term of license.

7.78.160 Display of license.

7.78.170 Modification, suspension or revocation of license.

7.78.180 Advertising vehicle--Parking restrictions.

7.78.190 Sound vehicles--Times and locations when operation prohibited.

7.78.200 Advertising vehicles--Operation on highways prohibited when.

7.78.210 Parking on highways prohibited.

7.78.220 Sound vehicle--Loud and raucous noise prohibited.

7.78.230 Sound vehicle--Obscenity and other language prohibited.

Part 1 DEFINITIONS AND GENERAL PROVISIONS

7.78.010 Definitions.

As used in this chapter:
A. “Advertising vehicle” means any vehicle which carries, while in motion or standing, for display to the view of the public upon or along public highways, any signs, or any statuary or other advertising objects, symbols, or matter; and any vehicle modeled to resemble a locomotive, railroad car, covered wagon, or stagecoach, or which is contrived to buckle, to simulate explosion, or to fall apart, or to function otherwise in strange or startling fashion, or which is especially fitted up to present a grotesque, arresting or unusual appearance for advertising purposes, or for the purpose of attracting the attention of the public upon or along the public highways.
B.1. “Sound vehicle” means any vehicle, including aircraft, 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 while such vehicle is traveling.
2. “Sound vehicle” does not include a vehicle equipped with a siren or horn designed and used for the purpose of warning traffic because of such equipment or use. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 1 §§ 2501, 2502 and 2504, 1951.)

7.78.020 Exceptions--Advertising vehicles.

The putting of business notices, signs or emblems upon ordinary business vehicles does not make such vehicles advertising vehicles so long as such vehicles are actually engaged in the usual business or regular work of the owner and are not used merely or mainly for advertising or for attracting the attention of the public. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 1 § 2506, 1951.)

7.78.030 Exceptions--Vehicles sounding musical apparatus, horns or bells.

A. The incidental sounding between the hours of 9:00 a.m. and 9:00 p.m. of any day of a musical sound apparatus, having a sound level not to exceed 20 decibels using six milliwatts as the zero reference level, or horn or bell, in connection with the ordinary use and operation of a tradesman’s, peddler’s, huckster’s or hawker’s cart or vehicle does not bring such cart or vehicle within the definition of “sound vehicle.”
B. A person shall not sound such musical apparatus or horn or bell between 9:00 p.m. of any day and 9:00 a.m. of the following day. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 1 § 2503, 1951.)

7.78.040 Exceptions--Vehicles operated by governmental agency.

A vehicle operated by any governmental agency within the course of its public functions is neither a sound vehicle nor an advertising vehicle. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 1 § 2505, 1951.)

7.78.050 Continuation of chapter provisions.

The provisions of this chapter, insofar as they are substantially the same as the provisions of Ordinance 4516, entitled “An ordinance regulating the operation of sound vehicles and advertising vehicles,” adopted July 10, 1945, relating to the same subject matter, shall be construed as restatements and continuations of said Ordinance 4516, as amended, and not as new enactments. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 1 § 2507, 1951.)

7.78.060 Rights under earlier provisions.

No rights given under any license granted pursuant to Ordinance 4516 are affected by the adoption of this chapter or by the repeal of Ordinance 4516, but such rights shall hereafter be exercised according to the provisions of this chapter. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 1 § 2508, 1951.)

Part 2 LICENSING

7.78.070 License--Required.

Before using or operating any sound or advertising vehicle the owner, hirer or other person in control thereof shall first obtain a license from the tax collector. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2531, 1951.)

7.78.080 Application for license--Contents.

Each application for a license under this chapter shall set forth the license number and motor number of each vehicle involved. Attached thereto shall be detailed plans and specifications of the special sound or advertising devices or equipment to be used. As to sound vehicles, the maximum noise-producing power of the equipment to be used shall be expressed in terms of decibels or otherwise indicated with certainty. (Ord. 8073 § 28, 1961; Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2534, 1951.)

7.78.090 Application--Vehicle information.

Each application for a license hereunder shall state whether the vehicles are to be used for commercial advertising purposes. (Ord. 8073 § 29 (part), 1961: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2537, 1951.)

7.78.100 Application--Area of operation.

Each application for a license hereunder shall designate the highways or areas upon or within which each vehicle is to be operated, which shall not include any place where such operation is prohibited by this title. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2535, 1951.)

7.78.110 Application--Hours of operation.

Each application for a license hereunder shall set forth the hours during which each vehicle is proposed to be used, which shall not include any time during which such use is prohibited by this title. (Ord. 8073 § 29 (part), 1961: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2536, 1951.)

7.78.120 Fees--Requirements generally.

A. The applicant for a license to operate one or more sound or advertising vehicles used in the business of commercial advertising shall pay, at the time he files his application, a fee in the amount set forth in Section 7.14.010 of this title, under the appropriate heading.
B. One license and the fee herein provided may cover more than one vehicle if all vehicles are operated by the same licensee. A separate license for each vehicle is not required. (Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 8073 § 29 (part), 1961: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2538, 1951.)

7.78.130 Fees--Noncommercial operations.

A. The applicant for a license to operate sound or advertising vehicles, none of which is to be used in the business of commercial advertising, shall pay, at the time he files his application, a fee in the amount set forth in Section 7.14.010 of this title under the appropriate heading.
B. One license and the fee herein provided may cover more than one vehicle if all the vehicles are operated by the same licensee. A separate license for each vehicle is not required. (Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 8073 § 29 (part), 1961: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2539, 1951.)

7.78.140 Granting or denying license--Conditions.

A license for a sound or advertising vehicle shall be granted or denied as provided in Section 7.08.070 of this title. (Ord. 10217 § 11 (part), 1971: Ord. 9947 § 5 (part), 1970: Ord. 9878 § 2 (part), 1969: Ord. 9807 § 8 (part), 1969: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2542, 1951.)

Part 3 OPERATION RESTRICTIONS

7.78.150 Term of license.

The term of each sound or advertising vehicle license shall be one week, one month or one year, as requested in the application, or as otherwise specified by the tax collector, and may be renewed from time to time as provided in this title. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2543, 1951.)

7.78.160 Display of license.

A person shall not use or operate any sound or advertising vehicle unless a duplicate of the license to so operate is posted or attached at all times in a conspicuous place on each vehicle. (Ord. 8073 § 27, 1961: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2532, 1951.)

7.78.170 Modification, suspension or revocation of license.

A license for a sound or advertising vehicle shall be revoked, suspended of modified as provided in Section 7.08.140 of this title. (Ord. 10217 § 11 (part), 1971 : Ord. 9947 § 5 (part), 1970: Ord. 9878 § 2 (part), 1969: Ord. 9807 § 8 (part), 1969: Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 3 § 2544, 1951.)

7.78.180 Advertising vehicle--Parking restrictions.

A person shall not suspend, place or attach any advertising sign on any vehicle parked upon a public highway. This section does not apply to any sign painted directly upon or permanently affixed to the body or other integral part or fixture of the vehicle for permanent decoration, identification or display, and which does not extend the overall width or height of such vehicle. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 2 § 2525, 1951.)

7.78.190 Sound vehicles--Times and locations when operation prohibited.

A person shall not drive, operate or propel any sound vehicle with the sound-making device, sound-amplifying device, loudspeaker thereof, or any part thereof, in operation:
A. Within 300 feet of any hospital, school, church or other place of religious worship;
B. Upon any public highway or in the air between the hours of 4:30 p.m. and 9:00 a.m. of the following day;
C. Upon any public highway or in the air on any Sunday. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 2 § 2521, 1951.)

7.78.200 Advertising vehicles--Operation on highways prohibited when.

A person shall not drive, operate or propel any advertising vehicle upon any public highways:
A. Between the hours of 4:30 p.m. and 9:00 a.m. of the following day;
B. On any Sunday. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 2 § 2522, 1951.)

7.78.210 Parking on highways prohibited.

A person shall not park any sound vehicle with the sound-making device, sound-amplifying device, or loudspeaker thereof, or any part thereof, in operation, or any advertising vehicle, upon any public highway at any time. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 2 § 2523, 1951.)

7.78.220 Sound vehicle--Loud and raucous noise prohibited.

A person shall not operate any sound vehicle at any time or at any place, whether on a public highway, in the air, on private property or elsewhere, except for the purpose of making repairs while within a permanent building, so as to make any loud and raucous noise. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 2 § 2526, 1951.)

7.78.230 Sound vehicle--Obscenity and other language prohibited.

A person shall not use or permit, suffer or allow to be used the sound-making device, sound-amplifying device, or loudspeaker of any sound vehicle for the utterance or amplification of any obscene, vulgar, profane or indecent language, or to suggest, request, or incite the destruction of or injury to persons or property, or any other illegal act. (Ord. 7778 § 11 (part), 1960: Ord. 5860 Ch. 14 Art. 2 § 2524, 1951.)