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Ordinance No. 81-33 n CITY OF TIGARD, OREGON ORDINANCE NO. Sl-,�3_3 AN ORDINANCE REGULATING THE USE OF SOUND TRUCKS WITHIN THE CITY. f The City Council finds that the use of sound amplifying equip- ment operated as mobile units from trucks or cars presents a threat to € the peace and comfort of the residents of the City, and therefore the r Council has determined that the use of such equipment should be regulated by ordinance. NOW, THEREFORE, the City of Tigard does ordain as follows: Section 1. Definitions. PERSON. The word "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 organization. SOUND TRUCK. The words "sound truck" as used herein shall mean any motor vehicle, horse-drawn vehicle or other vehicle having mounted thereon, or attached thereto, any sound amplifying equipment. k SOUND AMPLIFYING EQUIPMENT. The words "sound amplifying equip- ment" as used herein shall mean any machine or device for the amplification of the human voice, music or 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 a* purposes. Section 2. Use of sound trucks--Registration statement. No person shall use, or cause to be used, a sound truck with. its sound ampli- fying equipment in operation in the city of Tigard before filing a regis- tration statement in writing with the city recorder. This registration statement shall be filed in duplicate and shall state the following: (a) Name and home address of applicant. (b) Address of place of business of applicant. (c) License number and motor number of the sound truck to be used by applicant. (d) Name and address of person who owns the sound truck. (e) Name and address of person having direct charge of the sound truck, (f) Names and addresses of all persons who will use or operate the sound truck (g) The purpose for which the sound truck will be used. . (h) A general statement as to the section or sections of the city in which the sound truck will be used. (i) The proposed hours of operation of the sound truck. (j) The number of days of proposed operation of the t sound truck. } E F k PAGE 1 ORDINANCE NO. S1- t (k) A general description of the sound amplifying equipment which is to be used. (1) The maximum sound producing power of the sound ampli- fying equipment to be used in or on the sound truck, including the following: 1. The wattage to be used. 2. The volume in decibels of the sound which will be produced. 3. The approximate maximum distance for which sound will be thrown from the sound truck. Section 3. Use of sound trucks--Registration statement amendment. All persons using or causing to be used, sound trucks shall amend any registration statement filed pursuant to Section 2 within forty-eight hours after any change in the information therein furnished. Section 4. Use of sound trucks--Registration and identification. The city recorder s_hal1return to eacE applicant under Section 2 o t is ordinance one copy of the registration statement duly certified by the city recorder as a correct copy. The certified copy of the application shall be in the possession of any person operating the sound truck at all times while the truck' s amplifying equipment is in operation and it shall be promptly displayed and shown to any policeman of the City of Tigard upon request. Section 5. Use of sound trucks--Regulations for use. Use of sound true sin—the City or`rigard with sound amplifyi g 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 four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 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 miles per hour except when said truck is stopped or impeded by traffic. The sound amplifying equipment must be operated by a person other than the driver of the sound truck. (d) Sound shall not be issued within 200 feet of hospitals, churches or schools. (e) No sound truck with its amplifying device in operation shall be operated on the following streets between the ` points designated, 1. Pacific Highway (99W) , between 64th and Durham Road. 2. Hall Boulevard, between Durham Road and Highway 217 overpass. 3. Greenburg Road, between Pacific Highway (99W) and Highway 217. 4. McDonald Street, between Hall Boulevard and Pacific Highway (99W) . i PAGE 2 - ORDINANCE NO. 81- 5. Durham Road, between Hall Boulevard and Pacific Highway (99W) . (f) The human speech and music amplified shall not be profane, lewd, indecent, or slanderous. (g) The volume of sound shall be controlled so that it shall not exceed 60 DBP. at any distance 100 feet or more from the sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area. (h) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification. Section 6. Penalties for violations. Violation of this ordinance is a Class C misdemeanor. This ordinance shall become effective upon the 31st day following its passage and signature by the Mayor. PASSED: By ;, ,u vote of the City Council this ay o 1981. �v RECORDER, CITY OF ARD SIGNED: By the Mayor, this day of 1981. MYOR, CITY OF TIGARD�� PAGE 3 ORDINANCE NO. 81-