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Home My WebLink AboutOrdinance - 2470 - Amend Title 6 e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2470 The following is a summary Report of the City of Redding's Ordinance No. 2470, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 6, Business Taxes, Licenses, and Regulations and Chapter 10.22, Sound Trucks by adding regulations for Sound Trucks. The proposed ordinance was introduced and read by the Redding City Council on October 19, 2010, and will be considered for adoption at its next regular meeting. The Ordinance establishes a revised license fee for advertising vehicles and comprehensive regulations for sound truck operation containing the following elements as described in the Section headings. Sections: 10.22.010 10.22.020 10.22.030 10.22.040 10.22.050 10.22.060 10.22.070 10.22.080 10.22.090 10.22.100 Definitions Commercial Use Noncommercial Use Commercial Use and Noncommercial Use Regulation Commercial Sound Truck License Fee Unpaid License Fees Violations Enforcement Revocation of Sound Truck License Severability A copy of the full ordinance containing details of the above summarized content is available for inspection in the City of Redding, Office of the City Clerk. DATED: October 26,2010 e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2470 The following is a summary Report of the City of Redding's Ordinance No. 2470, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 6, Business Taxes, Licenses, and Regulations and Chapter 10.22, Sound Trucks by adding regulations for Sound Trucks. The Ordinance establishes a revised license fee for advertising vehicles and comprehensive regulations for sound truck operation containing the following elements as described in the Section headings. Sections: 10.22.010 10.22.020 10.22.030 10.22.040 10.22.050 10.22.060 10.22.070 10.22.080 10.22.090 10.22.100 Definitions Commercial Use Noncommercial Use Commercial Use and Noncommercial Use Regulation Commercial Sound Truck License Fee Unpaid License Fees Violations Enforcement Revocation of Sound Truck License Severability Ordinance No. 2470 was introduced and read at a regular meeting ofthe City Council ofthe City of Redding on the 19th day of October, 2010, and was duly read and adopted on the 2nd day of November, 2010, at a regular meeting of the City Council by the following vote: Ayes: Noes: Absent: Abstain: Council Members: Council Members: Council Members: Council Members: Bosetti, Dickerson, McArthur, Stegall, and Jones None None None A complete copy of Ordinance No. 2470 is on file and available for review in the Office of the City Clerk. e e ORDINANCE NO. 2470 AN ORDINANCE OF THE CITY OF REDDING AMENDING THE REDDING MUNICIPAL CODE AT TITLE 6 (BUSINESS TAX, LICENSE AND REGULATION), CHAPTER 6.04 (LICENSE FEE SCHEDULE), SECTION 6.04.02~ (ADVERTISING VEHICLES), AND AMENDING TITLE 10 (PUBLIC PEACE, MORALS AND WELFARE), CHAPTER 10.22 (SOUND TRUCKS) SECTIONS 10.22.010, 10.22.020 AND 10.22.030 AND ADDING SECTIONS 10.22.040 THROUGH 10.22.100, ALL RELATING TO REGULATION OF SOUND TRUCKS THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 6 (Business Tax, License and Regulation), Chapter 6.04 (License Fee Schedule), Section 6.04.020 (Advertising Vehicles) is hereby amended to read as follows: 6.04.020 Advertising Vehicles Advertising by vehicle shall require payment of a license fee oftwenty-five dollars per vehicle per quarter. Section 2. Title 10 (Public Peace, Morals and Welfare), Chapter 10.22 (Sound Truck), Sections 10.22.010, 10.22.020 and 10.22.030 are hereby amended to read as follows: 10.22.010 Definitions Whenever the following terms are used in this Chapter they shall have the meanings respectively ascribed to them by this section: A. "Commercial use" means the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, goods or services, or for the purpose of attracting the attention to, advertising for or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment. B. "Noncommercial use" means the use, operation or maintenance of any sound equipment for other than "commercial purpose." "Noncommercial purpose" means and includes, but shall not be limited to, philanthropic, political, patriotic and charitable purposes. C. "Sound amplifying equipment"means any machine or device used to electronically amplify sound from a source within, upon or near any motor vehicle or non-motorized vehicle or any non-electronic machine or device such as gongs, bells, drums, or other musical instruments when used upon or near any motor vehicle or non-motorized vehicle in such a manner as to communicate with or attract the attention of persons to the vehicle. Sound- ~ --.J D 1 e e amplifying equipment as used in this chapter shall not be construed as including a standard automobile radio when used and heard only by occupants of the vehicle in which it is installed, or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety or security purposes. D. "Sound truck" means any motor vehicle or any non-motorized vehicle equipped with or the use of which is affiliated with any sound amplifying equipment. E. "Vehicle" means any device or contrivance for carrying or conveying persons or objects over land or in space. 10.22.020 Commercial Use A. No person shall operate, or cause to be operated, any sound truck in the City for commercial use with sound amplifying equipment in operation unless a sound truck license has been obtained from the City Clerk and the applicable fee for the sound truck license has been paid. A sound truck license shall be required in addition to any business license required pursuant to Title 6 of this Code. B. The City Clerk shall issue a sound truck license upon payment of the required license fee as set forth in Section 6.04.020 of this Code unless the application reveals that the applicant would violate the regulations prescribed in Section 10.22.040 or other ordinance of the City. C. A sound truck operator shall keep the sound truck license in his or her possession in the sound truck during the time the sound truck's sound amplification equipment is in operation. The license shall be promptly displayed to any police officer of the City upon request. D. No person shall operate, or cause to be operated, any sound truck for commercial use in violation of the regulations set forth in Section 10.22.040. 10.22.030 Noncommercial Use A. No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for noncommercial use in the City unless a sound truck license has been obtained from the City Clerk. There shall be no license fee for a sound truck license issued for noncommercial use. B. No person shall use, or cause to be used, any sound truck for noncommercial use in violation of the regulations set forth in Section 10.22.040. C. The city clerk shall issue a noncommercial use sound truck license unless the registration statement reveals that the applicant would violate the regulations prescribed in Section 10.22.040 or other ordinance of the City. 2 e e D. A sound truck operator shall keep the sound truck license in his or her possession in the sound truck during the time the sound truck's sound-amplifying equipment is in operation. The license shall be promptly displayed to any police officer of the City upon request. Section3. Title 10 (Public Peace, Morals and Welfare), Chapter 10.22 (Sound Trucks), is hereby amended by adding Section 10.22.040, 10.22.050, 10.22.060, 10.22.070, 10.22.080, 10.22.090, and 10.22.100 to read as follows: 10.22.040 Commercial Use and Noncommercial Use Regulations A. This section shall apply to both commercial use and noncommercial use of sound trucks. B. No person shall use, or cause to be used, a sound truck, whether for Commercial Use or Noncommercial Use before filing a sound truck application and obtaining a sound truck license from the City Clerk. A separate application must be filed and a separate license issued for each sound truck. Sound truck licenses are not transferable. The application shall state the following, all of which must conform with the requirements ofthis section: 1. Name and home address of the applicant; 2. Business name and address of the applicant; 3. Vehicle license number of the sound truck (if applicable) to be used by applicant; 4. Name and address of person who owns the sound truck; 5. 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 ofthe 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; and 11. A general description ofthe sound broadcasting equipment to be used, including the approximate maximum distance for which sound will be thrown from the sound truck. C. All persons using, or causing to be used, sound trucks for any purpose shall amend any application filed with the City Clerk pursuant to this Section within forty-eight hours after any change in the information furnished in the original application. D. Sound trucks with sound amplifying equipment in operation shall be subject to the following regulations: 1. Only the sound of the human voice or music shall be broadcast when using electrically amplified sound equipment; which shall not be profane, lewd, indecent or slanderous; 2. Operations are permitted between the hours of 10:00 a.m. to sunset; 3. Sound amplifying equipment shall not be used unless the sound truck upon which the equipment is mounted is operated at a speed which will not constitute a detriment to vehicular or pedestrian traffic. When the sound truck is stopped, the sound amplifying equipment shall not be operated for longer than one minute at each stop; 3 e e 4. Sound shall not be broadcast within four hundred (400) feet of hospitals, schools or churches; 5. The volume of sound shall be controlled so that said volume shall not exceed an "A"weighted sound level of75 decibels on the "slow" scale at a distance of 150 feet from the sound amplifying equipment as measured by a sound level meter which meets "American National Standard" ANSI S 1.4-1983 or its successor. 6. No sound amplifying equipment shall be operated unless the axis of the center of any sound reproducing equipment used shall be parallel to the direction of travel of the sound truck; provided, however, that any sound reproducing equipment may be so placed upon said sound truck as to not vary more than 15 (degrees) either side of the axis of the center of the direction of travel. 7. No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in a period of one hour. 8. No sound truck shall impede, obstruct, or hinder the flow of traffic on any street, thoroughfare or alley within the City; and 9. Sound trucks shall comply at all times with all applicable parking and vehicle regulations set forth in this Title, and with all applicable provisions of the California Vehicle Code. 10.22.050 Commercial Sound Truck License Fee Any person obtaining a license to operate a sound truck shall pay the license fee set forth in section 6.04.020 ofthis Code. 10.22.060 Unpaid License Fees If any quarterly license fee remains unpaid at the end of the calendar month in which it becomes due and payable, a penalty of ten percent per month shall be added to the license fee for each month that it remains unpaid, not exceeding in the aggregate a total penalty of fifty percent of the amount of the license fee. Any penalty so imposed shall be collected by the person in charge of the collection of the license fee. 10.22.070 Violations It is unlawful to violate any ofthe provisions of Chapter 10.22 of this Code. 10.22.080 Enforcement The Chief of Police and all police officers of the City and any Enforcement Officer designated by the City Manager shall have and exercise the power to enforce the provisions of this Chapter by any civil, criminal or administrative process and/or any remedy provided for in Title 1 of this Code. 4 e e 10.22.090 Revocation of Sound Truck License The use or operation of any sound truck in violation of the provisions of this chapter, or in a manner contrary to or inconsistent with the statements made in the licensee's application, shall constitute grounds for the revocation of the license granted under Section 10.22.020. 10.22.100 Severability If any provision, clause, sentence, or paragraph ofthis chapter, or the application thereofto any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application, and, to this end, the provisions of this chapter are hereby declared to be severable. Section 4. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 5. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 19th day of October, 2010; and was duly read and adopted at a regular meeting on the 2nd day of November, 2010, by the following vote: PA AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, None None None Attest: .... Form Approved: . \ "\.- ~ " '. , ~ .~ I .~ ~. " ~~ Yi.... . PAMELA MIZE, City ~I~ 5