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ORDINANCE NO..;(O y~
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AN ORDINANCE OF TIlE CITY OF SAN BERNARDINO REGULATING AND
PROHIBITING CERTAIN USES OF SOUND VEHICLES.
'IRE MAYOR AND COMMON COUNCIL OF 'IRE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION ONE: DEFINITIONS.
a. PERSON. The wori "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
9 or any other form of association or organization.
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b. SOUND VEHICLE. Any vehicle Which carries or is equip-
11 ped with any instrument or device for the production or reproduc-
12 tion of music, spoken words or other sounds, or any loudspeaker.
13 or other sound amplifying dev,ice designed to enlarge the volume
14 of sound produced by any instrument or by the human voice, which
15 instrument or device is used, or intended to be used for the pur-
18 pose of advertising or calling attentiori' to any article, thing or
17 event, or for the purpose of addressing the public or of attract-
18 ing the attention of the public, along or upon the public streets
19 or ways along which such vehicle travels.
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SBCTION T1Il): EXCLUSIONS AND EXCEPTIONS.
The'definitions set forth in Section One shall not be
22 Ideemed to include:
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a. Vehict~.s us-edonly in a parade conducted pur suant to.
permit issued by the Common Council.
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lused for the purpose of warning traffic because of such equipment
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lor use, nor any vehicle operated by any governmental agency within
Ithe course of its public functions.
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ito sell goods, wares and merchandise from vehicles and Whose ve-
b.
A vehicle equipped with a siren or horn designed and
c.
Persons who are licensed by the City of San Bernax4iBO"
icles are equipped with sound apparatus emitting music only, pro-
iding the sound of said music does not eXceed 90 decibels measured
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1 at a distance of ten (10) feet from the speaker of said apparatus
2 in that area of the City between Mt. Vernon Avenue and "E" Street
3 and Marshall Boulevard and the west City limits thereof and 95
4 decibels elsewhere in the City.
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SECTION 'IHREE: SOUND VEHICLES - WHERE PROHIBITED.
6 No perspn shal1,.drive, operate, propel or park any sound
7 vehicle with the sound-making device, sound-amplifying device,
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8 or loudspeaker thereof in use or operation:
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1. within 300. feet of any hospita1~r school, at any time;
2. upon any public street or way between the hours of
11 6:30 P.M. and 9:00 A.M. of the following day;
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3. upon any public street or way on any Sunday;
4. upon Arrowhead, "0", "E", and "F" Streets between Second
14 Street and Sixth Street inclusive. including both sides of the stre t.
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5. upon Third, Court, Fourth, Fifth and Church Streets be-
16 tween Arrowhead and "F" Streets inclusive, including both sides of
17 the street.
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6. upon Highland Avenue between Sierra Way and "I" Street
19 including both sides of the street.
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SECTION FOUR: NON-COMMERCIAL USE OF SOUND TRUCKS.
a. REGISTRATION REQUIRED. NO person shall use, or cause
22 to be used, a sound vehicle with its sound amplifying equipment
23 in operation for non-commercial purposes in the City of San Ber-
24 nardino before filing a registration statement with the city clerk
25 in writing. This registration statement shall be filed in dup1i-
26 cate not less than thirty nor more. than ninety days before the
27 date of the proposed use of such vehicle and shall state the
28 following:
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1. Name, home address and telephone number of the app1i-
30 cant;
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2. Business address, telephone number and nature of app1i-
32 cant's business or the organization which he represents;
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3. Make of vehicle and license 1Il d motor numbers thereof;
a and a description of the vehicle to be used;
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4. Name, address and telephone number of the legal and
4 registered owner of the vehicle;
5 5." N~~ addre.ssandtelephone number of person or persons
6 who will be present and in control or in direct charge of said
? ,vehiele.
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6. Name, address and telephone number of all persons who
9 will use or operate such vehicle as driver, speaker or sound
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lOoper a tor;
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7. The general purpose, nature and type of program which
12 . will be used;
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8. A general statement as to the route and section or sec-
14 tions of the City in which said vehicle will be used;
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9. The proposed hours of operation of said vehicle;
10. The number and designation of the days, weeks or
17 months of proposed operation and use of such vehicles;
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11. A specific description of the sound amplifying equip-
19 ment to be used;
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12. The minimum and maximum sound producin; power of the
21 sound amplifying equipment;
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13. The wattage and voltage capacity of the sound ampli-
23 fying equipment;
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14. The volume range in decibels of the sound which can
25 be produced by said sound amplifying equipment;
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15. The approximate minimum and maximum distances for
27 which sound may be thrown from said vehicle;
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16. The address and time where and when such vehicle
29 may be inspected;
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17. The size and type of sign to be displayed and a de-
31 scription of its SUbject; and
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18. Each application shall have attached thereto three
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1 photographs of not less than four by five inches in size showing
a the front, sides, and back of the vehicle, with all exterior
3 equipment and signs clearly visible on said photographs.
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b. UR~n any change in the information as to any matter set
5 forth in the application, applicant shall, within 48 hours after
6 such change, file an amended application. An amended application
7 filed within five days before the proposed using date shall
8 automatically post pone said using date for an additional thirty
9 days.
c. REGISTRATION AND IDENTIFICAThON.
return to each applicant under Section}( (a)
one copy of said registration statement duly
Clerk as.a correct copy of said application.
The City Clerk shall
of this ordinance,
certified by the City
Said certified copy
14 of the application shall be in the possession of any person oper-
15 ating the sound vehicle at all times while the sound vehicle's
16 sound amplifying equipment is in operation and said copy shall be
17 promptly displayed and shown to any policeman of the City of San
18 Bernardino upon request.
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d. REGULATIONS FOR USE. Non-commercial use of sound ve-
20 hicles with sound amplifying equipment in operation in the City
21 of San Bernardino shall be subject to the following regulations:
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1. The only sounds permitted are music or human speech.
2. Operation is permitted for a period of four hours each
24 day except ~undays wh~n no operation shall be permitted.
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26 hours of 11:30 o'clock ".!lr: apd1i 1:30 o'c1ocll;'P.M.; and between
3. The permitted hours of op~ration shall be between the
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27 ' the hours of 4:30 o'clock P.M. and 6:30 o'clock P.M
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4. Sound amplifying eqqipment shall not be operated unless
29 the.vehicle upon which equipment is mounted, or from which sound
30 is emitted, is operated and propelled at a speed of at least .15
31 miles per hour, except when said vehicle is stopped or impeded by
32 traffic. When stopped by traffic or otherwise impeded, the sound
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1 amplifying equipment shall not be operated for a period longer
2 than one minute at each stop and the sound amplifying equipment
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3 shall not a~ai-:a ,~ ope~ated until said vehicle has progressed
4 300 feet from each of such stopping places.
5 _ 5. Sound amplifying equipment shall not be operated or
6 sound emitted therefrom within '300 feet of ,hospitals, schools,
7 churches or courthouses.
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6, The human speech or recorded voice amplified shall not
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9 be profane, lewd, indecent, offensive or slanderous, and the words
10 used shall not be such as to incite riot, unlawfulness, breaches
11 of the peace, or force or violence.
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7. The volume of sound shall be controlled so that it will
13 not be audible for a distance in excess of 300 feet from the sound
14 vehicle in any direction.
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8. No sound amplifying equipment shall be operated in
16 excess of 15 watts of power in the last stages of amplification.
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9. The vehicle shall at all times be operated so as not
18 to interfere with the normal movement of traffic of vehicles and
19 pedestrians, and shall be stopped both in movement and operation
20 IOf sound amplifying equipment upon the approach of authorized
21 emergency vehicles.
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22 I 10. The movement of such vehicles shall at all times com-
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23 ply with the provisions of the Vehicle Code and this Code relat-
24 ing to traffic regulations.
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11. A statement that applicant, i granted a permit, will
26 not permit, suffer or allow the use and operation of the vehicle
27 in any manner other than. as set forth in the application, or the
28 use of any other equipment apparatus or device other than as
29 described and referred to in said application.
30 12. The vehicle with sound amplifying equipment shall not
31 be operated within 300 feet of any hall, aUditorium, coliseum or
32 other place Wherein a meeting or other public event is in pro-
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1 gress and more than 100 persons are in attendance.
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SECTION FIVE: COMMERCIAL ADVERTISIN3 BY SOUND TRUCK
3 PROHIBITED. No person shall operate, or cause to be operated,
4 any sound vehicle for commercial sound advertising purposes in the
5 City of San Bernardino with sound amplifying equipment in opera-
6 tion.
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SECTION SIX: PENALTIES. Any person who violates any
8 provision of this ordinance shall be deemed guilty of a misde-
9 meanor and upon conviction thereof shall be fined not exceeding
10 $500.00, or by imprisonment for not more than 180 days, or by
11 both said fine and said imprisonment.
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SECTION SEVEN: SEPARABILITY. It is the intention of the
13 City Council that each separate provision of this ordinance shall
14 be deemed independent of all other provisions herein, and it is
15 further the intention of the City Council that if any provision
16 of this ordinance be declared to be invalid, all other provisions
17 thereof shall remain valid and enforceable.
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19 adopted
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27 of
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I HEREBY CERTIFY that the foregoing ordinance was duly
by the Mayor and Common Council of the City of San Bernar-
a I1J&~ meeting thereof held on the ~ day of
, 1956, by the following vote, to wit:
AYE :~~)~~~~~~~u
NOES:~~ ABSENT:~
approve the
, 1956.
rj-' %.~
( _ 1ty Cler
foregoing Ordinance this ~~day
rnard1no
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30 ApPl1o~ed as to form:
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JACK T. FELTO ,City Clerk
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