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HomeMy WebLinkAboutOrd 50-87 Sound EquipmentORDINANCE NO. 50 - 87 AN ORDINANCE OF THE CITY OF DUBLIN REQUIRING PERMITS FOR THE USE OF SOUND AMPLIFICATION EQUIPMENT The City Council of the City of Dublin does ordain as follows: SOUND AMPLIFICATION PERMITS Section 1. "Mobile public address sound system equipment" means any device or contrivance, mechanical, electrical or otherwise designed or used to amplify the human voice, music or other sounds whether used or designed for use in or upon any vehicle, trailer or other movable device or by hand, operated or powered by motors,, electricity or any other means. Section 2. PERMIT REQUIRED; FEES. No person shall use any mobile public address sound system equipment on any street, as defined in § 590 of the California Vehicle Code, within the City unless a permit therefor shall have been obtained from the Chief of Police. The amount of the permit fee shall be as established by resolution of tile City Council. Section 3. APPLICATION. A person seeking issuance of a mobile public address sound system equipment permit shall file an application with the Chief of Police. An application for such a permit shall be filed with the Chief of Police no less than ten (10) days before the date on which it is proposed to use such equipment. The application shall set forth the following information: (a) The name, address and telephone number of the person or persons seeking to utilize such equipment; (b) If the equipment is proposed to be used for, on behalf of, or by an organization, the name, address and telephone number-of the headquarters of the organization, and of the authorized and responsible head of such organization; (c) The name, address and telephone number of the person or persons who will be operating the equipment and who will be responsible for such operation; (d) The type, nature and description of the vehicle to be used and/or the sound amplifying equipment to be used; (e) The date and place or places the equipment is to be used; (f) The route to be traveled, the starting point and the termination point, if any; (g) The hours when such equipment will be operated; (h) Any additional information which the Chief of Police shall find reasonably necessary to a fair determination of the conditions to be attached to the issuance of such permit. Section 4. CONDITIONS FOR ISSUANCE. Immediately upon receipt of an application as hereinabove set forth the Chief of Police shall investigate or cause to be investigated the area in which or adjacent to which the use of said equipment is requested. Upon completion of such investigation the Chief of Police shall issue a permit as requested by the applicant or shall vary the terms of the request for such a permit only as to the time, place and manner of operation of said equipment. In considering any variation of the use of said equipment other than as requested by the applicant the Chief of Police shall be limited to an application of the rule of reason relating to the hours of possible use, the decibel level of the amplifying equipment involved and the peace and good order of the affected neighborhood. Section 5. APPEAL PROCEDURE. The applicant or any aggrieved person shall have the right to appeal to the City Council in accordance with Section . Section 6. CONTENTS OF PERMIT. Each permit shall state the following information: (a) The time period within which the place or places where such equipment may be used; (b) The minimum and maximum speed of the vehicle transporting such equipment, if any; (c) The streets or parts thereof that may be traversed by the vehicle carrying such equipment; (d) Such other information or conditions as the Chief of Police shall find necessary to the enforcement of this Article. Section 7. DUTIES OF PERMITTEE. A permittee hereunder shall comply with all permit directions and conditons and with all applicable laws and ordinances. The permittee or other responsible person designated in the application shall carry the permit upon his person during the period of operation of said equipment. Section 8. REVOCATION OF PERMIT. The Chief of Police shall have the authority to revoke the permit issued hereunder when any of the operations or conduct of such use violate any of the conditons listed in the contents of said permit. Section 9. This Ordinance shall supersede the provisions of Article 2 of Chapter 2 of Title 5 of the Alameda County Code, as adopted by Dublin Ordinance No. 13. Section 10. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 26th day of October , 1987, by the following vote: AYES: Councilmembers Hegarty, Moffatt., Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTEST: