Before applying for an Amplifier Permit, you must review the regulations below. You will find a link to the amplifier application at the end of the regulations.
3-9-1: LICENSE REQUIRED, APPLICATIONS, ANNUAL LICENSES: It shall be unlawful to maintain or operate any loudspeaker or amplifier connected with any radio, phonograph, microphone or other device by which sounds are magnified and made heard over any public street or public place in the City without having first secured a license therefore.
Any person or organization desiring a license for the use or operation of such device shall file an application therefor with the City Clerk, upon a form provided by the City Clerk, setting forth the name and address of the applicant, the name of the owner of such device, the name and address of the person or persons who will use the device, the date upon which it is intended to be used, the exact location the amplifier is to be used, the hours of use for such amplifier, and such other information as may be prescribed.
Non-residential permits shall be issued daily or monthly, and only one permit may be held at any time by any person or for any location. Residential permits shall be issued daily. Monthly residential permits may be issued by the City Council.
3-9-2: LICENSE FEES: The fee for license to be granted under this Chapter shall be five dollars ($5.00) per day or twenty five dollars ($25.00) per month. The City Council, by motion, may waive the fee required. (Ord. 86-145,11-17-86)
3-9-3: ISSUANCE OF LICENSE: Such license shall be issued upon the payment of the license fee, as above provided, to the City Clerk, and shall permit the use of any such device subject to the terms and conditions of this Chapter. (1960 Code, §23.104)
3-9-4: LICENSE RESTRICTIONS:
1. Prohibited use:
1.1 Non-residential license. A non-residential license may be issued for use, operation or employment of any such device at any location of which there are no other residences on the licensee’s property and there are no residences within 200 feet measured from the nearest property line of the licensee’s property to the nearest property line of the residential property. Such license shall permit the use of any such device until the hour of nine o’clock (9:00) P.M. prevailing time on Sunday through Thursday, and until the hour of ten o’clock (10:00) P.M. prevailing time on Friday or Saturday, and after the hour of nine o’clock (9:00) A.M. prevailing time of any day. (Ord. 86-145, 11-17-86)
1.2 Residential license. A residential license may be issued for use, operation or employment of any such device at any location of which there are any other residences on the licensee’s property or there are any residences within 200 feet measured from the nearest property line of the licensee’s property to the nearest property line of any other residential property. Such license shall permit the use of any such device until the hour of eight o’clock (8:00) P.M. prevailing time on Sunday through Thursday, and until the hour of ten o’clock (10:00) P.M. prevailing time on Friday or Saturday, and after the hour of twelve o’clock (12:00) P.M. prevailing time of any day.
1.3 No licensee shall use, operate or employ any such device within a radius of two (2) blocks from any hospital or within the radius of two (2) blocks from any church while funeral services are being held there.
1.4 No licensee shall cause or permit to be emanated or emitted from any such device any lewd, obscene, profane or indecent language or sounds, or any false representation of any matter, product or project advertised thereby, the sale of which is prohibited by any law, ordinance or Statute.
1.5 No amplifiers shall be used from moving vehicles except as expressly provided within this Chapter.
1.6 No amplified sound may be emitted from a property such that it may be heard two hundred (200) feet beyond the property line of the property from which said sound originates.
2. Exceptions: This Section shall not apply to:
2.1 Radios in homes or in private pleasure vehicles, when the same are operated in such manner as not to be audible at a distance of fifty feet (50’) from such vehicle, nor to noise devices, bands or other musical devices used in any public parade or procession which is operated under a permit in accordance with the ordinances of the City. (1960 Code, § 23.105) ; and
2.2 Community Events. The City Council may issue amplifier licenses to not-for-profit or community service organizations for community events. Such license shall not be subject to the provisions in subsections 3-9-4:1.1, 1.2, 1.3 or 1.6 of this Chapter, but shall be subject to any lawful conditions of restrictions established by the City Council. Community event permits shall be valid until 10 o’clock (10:00) p.m. for the date issued, or later with City Council approval.
3-9-5: PENALTY: Any person violating any provision of this Chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (1960 Code, § 23.106)
Any license holder violating any provision of this Chapter shall also be subject to immediate revocation of license without prior notice. No person or organization named on a revoked license as the applicant or user shall be eligible for issuance of another amplifier license, nor shall an amplifier license be issued for use at a location for which the subject of a revoked license within a period of ninety (90) days after revocation of the first license. The holder of a revoked license shall have the right of appeal in accordance with the provisions of Section 3-2-12 of the Code.
3-2-12: REVOCATION OF LICENSES OR PERMITS: Any license, except for the sale of intoxicating liquors, or permit may be revoked by the City Manager for cause, at any time. Evidence that the licensee or permittee has violated any ordinance relating to the license or permit, the subject matter of the license or permit, or the premises occupied, shall constitute sufficient cause for revocation. Notice of the revocation shall be served on the licensee or permittee, personally or by certified mail, at the address stated in the license or permit application. Within seven (7) days of the date of the notice of revocation, the licensee or permittee may request an informal hearing before the City Manager, and at that time, may present evidence showing that the license or permit should not be revoked. The City Manager shall then affirm or vacate the revocation. (1984 Code)
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