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Ordinance No. 650 1J e � r ORDINANCE NO. 65 AN ORDINANCE REQUIRING A REGISTRATION STATEMENT TO BE FILED BY PERSONS USING SOUND TRUCKS WITH SOUND A11PLIFYING EQUIPMENT IN OPERATION FOR NON- COMMER- CIAL PURPOSES IN THE CITY OF BAYTOWN; PROVIDING REGULATIONS FOR NON-COMMERCIAL USE OF SOUND TRUCKS; PROHIBITING THE OPERATION OF SOUND TRUCKS FOR COM- IMCIAL SOUND ADVERTISING PURPOSES vfITH SOUND AMPLI- FYING EQUIPMENT IN OPERATION; - PROVIDING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; REPEALING INCONSISTENT ORDINANCES; ARID PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: SECTION 1: Definitions. (a) "Person." The word "person" as used herein shall include the singu- lar and the plural and shall also mean and include any person, firm, corporation, associa- tion, club, partnership, society or any other form of association or organization. ® (b) "Sound truck." The words "sound truck" as used herein shall mean any motor vehicle, or horse -drawn vehicle, having mounted thereon, or attached thereto, any sound amplifying equipment. When such a sound truck is being used or operated as stationary loud speaker or sound amplification equipment, such use or operation shall be subject to the provisions of Ordinance No. 64 passed by the City Council on the 18th day of October, 1949, pertaining generally to the prohibition of loud, disturbing, and unnecessary noises within the city. (c) "Sound amplifying equipment." The words '$sound amplifying equipment" as used herein shall mean any machine or device for the amplification of the human voice, music or any 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 purposes. SECTION 2: Non - Commercial Use of Sound Trucks. (a) Registration required. No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation for non - commercial purposes in the City of Baytown before filing a registration statement with the City Clerk in writing. This registration statement shall be filed in duplicate and shall state the following: (1) Name and home address of the applicant. (2) Address of place of business of applicant. (3) License number and motor number of the sound truck 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 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 of the 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. (11) A general description of the sound amplifying equipment which is to be used. (12) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck. State the following: (a) The maximum potential wattage of the equipment. (b) The approximate maximum distance for which sound will be thrown from the sound truck. (b) Registration statement amendment. All persons using or causing to be used, sound trucks for non - commercial purposes shall amend any registration state- ment filed pursuant to Section 2(a) within forty -eight (48) hours after any change in the information therein furnished. (c) Registration and identification. The City Clerk shall return to each applicant under Section 2(a) of this ordinance, one copy of said registration state- went duly certified by the City Clerk as a correct copy of said application. Said certi- fied copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation and said copy shall be promptly displayed and shown to any policeman of the City of Bay- town upon request. (d) Regulations for use. Non- commercial use of sound trucks in the City of Baytown with sound amplifying equipment in operation shall be subject to the following regulations: (1) The only sounds permitted are music, or human speech. (2) Operations are permitted for nine (9) hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted nine (9) hours of operation shall be between the hours of 9:00 a.m. and 6:ou P.M. (3) Sound amplifying equipment shall not be operated unless :_; the sound truck upon which such equipment is mounted is oper- ated at a speed of at least ten (10) miles per hour except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound amplifying equipment shall not be operated for longer than one minute at each such stop. (4) Sound shall not be issued within one hundred (lU0) yards of hospitals, schools, or churches. (5) The human speech and music amplified shall not be profane, loud, indecent, or slanderous. (6) The volume of sound shall be controlled so that it will not _ be audible for a distance in excess of two hundred (20U) feet from the sound truck and so that said volume is not unreason- ably loud, raucous, jarring, disturbing, or a nuisance to persons of ordinary sensibilities within the area of audibility. SECTION 3: Commercial Advertising by Sound Truck Prohibited. No person shall is operate, or cause to be operated, any sound truck foi� commercial sound advertising pur- poses in the City of Baytown with sound amplifying equipment in operation. -2- L J 0 E • • SECTION 4: Pew. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding One Hundred ($100) Dollars. SECTION 5: Savings Clause. If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to the other persons or sets of circumstances and to this end, all provisions of this ordinance are declared to be severable. SECTION 6: Repealing Clause. All ordinances or parts of ordinances incon- sistent with the terms of this ordinance are hereby repealed, it being the expressed purpose of the City Council of the City of Baytown to repeal Ordinance of the former City of Pelly, now Baytown, passed by the City Commission of said city on the 29th day of March, 19462 amended by Ordinance No. 15 passed by the City Council of the City of Baytown on the 17th day of June, 1948. SECTION 7: Effective Date. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice prior to the effective date hereof. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this the 18th day of October, A. D., 1949. Z :r= : ver, ity Clerk -3- A or y 65��-4�J.