Chapter 11.94


11.94.010    Permit required.

11.94.020    General violations.

11.94.030    Nuisance abatement.

11.94.040    Exceptions.

11.94.050    Sound trucks prohibited.

11.94.010 Permit required.

It is unlawful and a misdemeanor to operate or cause to operate, or suffer or permit the operation of any sound-amplifying device whereby sounds therefrom become audible and disturbing to a person or persons beyond the boundaries of the property from which the amplification occurs, without a permit. Any violations of any provisions of this chapter may be enforced pursuant to Chapter 1.16 PGMC.

Any person may apply to the city manager for a permit to operate a sound-amplification device, which may be audible beyond the boundaries of the public or private property at which operated, by application made prior to operation. The application shall contain the following:

(a) The name and address of the applicant and the identity of the persons or organization proposing to use the device;

(b) The hours and dates proposed for use of the device;

(c) The place and area in which it will be used;

(d) The estimated distance from the property line and the area in which the sound will be audible;

(e) The location and distance of the closest residential area;

(f) The signature of the applicant under the applicant’s agreement that the permit may be revoked forthwith by the police should another person or persons complain of disturbance from the sound or should interference with traffic or general public use of public areas result from the event. The city manager shall deny the permit on a finding that operation of the device is likely to be audible and disturbing to a person or persons on other property, or would contribute to traffic or health hazards, or would tend to preempt normal public use of a public area.

The city manager may impose such conditions on the use of the device as the city manager may deem appropriate to effectuate the purposes of this section, including hours of use, levels of audibility and numbers of persons attending the event. [Ord. 08-006 § 40, 2008; Ord. 1987 N.S. § 2, 1995].

11.94.020 General violations.

It is unlawful and a misdemeanor to do any of the following:

(a) To make a willfully false statement in the application for a permit;

(b) For an applicant to fail to attend or cause an appropriate supervisor to attend during the times of operation of the device, to assure proper compliance with these regulations and the conditions of the permit;

(c) For the applicant or any person to continue operation of a sound-amplification device after the permit has been revoked by the police or has expired in accordance with its terms;

(d) For any person to willfully perform any act contrary to the terms and conditions of the permit.

(e) Any violations of any provisions of this chapter may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 41, 2008; Ord. 1987 N.S. § 2, 1995].

11.94.030 Nuisance abatement.

If any sound amplifying equipment is used in violation of this chapter or the conditions set forth in the aforesaid permit, and all other measures are insufficient to prevent the continued creation of a nuisance, the equipment and any vehicle of which it is an integral part may be temporarily seized by the city in order to abate the nuisance. Police officers shall take measures reasonably necessary to confiscate such equipment so that it may be impounded pending determination by the appropriate court of the rights of parties thereto, and the chief of police shall notify the owner thereof by registered mail within 24 hours of the seizure. If the name of the owner is not known, a notice of the seizure shall be published within five days of the seizure in the legal newspaper of the city, setting forth the pertinent facts and the intention of the city with respect to the property. [Ord. 1987 N.S. § 2, 1995].

11.94.040 Exceptions.

This chapter shall not be applied to prohibit the following:

(a) Communications public safety personnel in the discharge of their duties;

(b) The amplification of church chimes which are an integral part of church worship;

(c) The amplification of chimes in public buildings;

(d) Use of public address systems at sporting or tourist promotion events under city or school sponsorship, where amplification does not exceed the limits reasonably necessary to reach the attending audience;

(e) The city manager shall have the discretion to waive the requirement to obtain a permit for amplified sound if the event has been approved by city council. [Ord. 10-024 § 3, 2010; Ord. 1987 N.S. § 2, 1995].

11.94.050 Sound trucks prohibited.

It is unlawful and a misdemeanor to operate or drive any vehicle equipped with a device designed and used for amplifying and projecting advertising or commercial messages in any unenclosed area in the city. Any violations of any provisions of this chapter may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 42, 2008; Ord. 1987 N.S. § 2, 1995].