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Home My WebLink AboutORDINANCES-1974-062-O-7462-0-74 AN ORDINANCE 0c I To add Chapter 272 to the Code of the City of Evanston, 1957, to Regulate the Operation of Sound Trucks BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF - EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That there be added to the Code of the City i of Evanston, 1957, Chapter 272, providing F for -the regulation and registration of sound trucks. Said Chapter to read as follows: "ARTICLE I. CONSTRUCTION AND APPLICATION. "Sec. 272-1. Construction. "It is the intention of the Council that these provisions of the Evanston City Code be construed in favor of the right of free speech guaranteed by the First and Fourteenth Amendments to the United States E Constitution. This Ordinance affects the time, } place, volume and technical quality of amplified speech only. It is not to be construed or applied r i in any way to discourage or prohibit the expression f unpopular ideas or sentiments. *Supplementary - o protection is afforded citizens by state decisional or.statutory laws defining offenses such as libel, slander and disorderly conduct. "Sec. 272-2. Severability. "If any provision of this Ordinance or the appli- cation thereof to any person or circumstances is i held invalid, the remainder of this Ordinance and a J fit-0-74 -2- "the application of the provision to other persons inot similarly situated or to other circumstances shall not be affected thereby. "Sec. 27k-3. Definitions. "(a) 'Person.' The word 'person' as used herein shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other for of association or organization. "(b) 'Sound truck.' The words 'sound truck' as used herein shall mean any vehicle having mounted thereon, or attached thereto, any sound amplifying • equipment. '(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 or tape players when used and heard only by occupants of the vehicle in which installed or any amplifica- tion devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes. "(d) 'Commercial or advertising.' The words 'commercial or advertising' as used herein shall not be construed to mean statements made on behalf of a political candidate or statements arising out of labor-management disputes. • 62-0-74 -3- • 'ARTICLE II. REGISTRATION. ' "Sec. 27�-4. Registration required. "It shall be unlawful for any person, as defined herein, to operate or permit the operation of a • sound truck within the City of Evanston, except in accordance with a permit issued by the City Mana- ger, such other regulations as are set forth in this chapter and all other applicable laws which may apply. "Sec. 272-5. Form of registration. "(a) All persons who desire to use a sound truck in the City of Evanston must file a written regis- tration statement with the City Manager. 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, make and model of the sound truck to be used by applicant. 11(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 ( ) s of all persons who will use or operate the sound truck. "(7) An indication as to the section or sections of the city in which the sound truck will be used. 62-0-74 • • -4- "(8) The hours of operation of the sound truck. "(9) The number of days of proposed opera- tion of the sound truck. "(10) A general description of the sound amplifying equipment which is to be used. "(11) The maximum sound producing power of the equipment in watts. "(12) Agreement that applicant shall abide by the regulations governing operation of a sound truck. "(b) Registration statement amendment. All persons using or causing to be used, sound trucks for non-commercial purposes shall amend any regis- tration statement filed pursuant to Section 272-5(a) within forty-eight (48) hours after any change in the information therein furnished. "(c) Registration and identification. The City Manager shall return to each applicant under Section 272-5(a) of this Ordinance, one copy of said registration statement duly certified by the City as a correct copy of said application. Said certified 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 ampli- fying equipment is in operation and said copy shall be promptly displayed and shown to any policeman or other authorized official of the City of Evanston 0 rj 62-0-74 -5- "upon request. The registration statement returned to 0C15 applicant shall include or be accompanied by a sum- 0 mary of the regulations governing operations of sound trucks. "(d) Non-commercial use only. Permits shall be issued for non-commercial use of sound -trucks only and the use of sound trucks for business or adver- tising purposes is prohibited. "ARTICLE III. REGULATIONS FOR USE. "Sec. 272-6. Enumeration. "Non-commercial use of sound trucks in the City of Evanston with sound amplifying equipment in opera- tion shall be subject to the following regulations: "(a) The only sounds permitted are human speech. • " b) Operations are permitted for a maximum of four ( (4) hours each day. The permitted four (4) hours shall be between 9:00 A.M. and 9:00 P.M. The operator may choose any four (4) hour period, or combination of periods totalling four (4) hours or less per day. Said hours of operation must coincide with the applicant's registration statement regarding hours of operation of sound trucks. (Sec. 272-5-a-8) No organization or person may operate a sound truck for more than five days during any twelve-month period. _ "(c) Sound amplifying equipment shall not be operated unless the sound truck upon which such • equipment is mounted is operated at a speed of at least ten (10) miles per hour, except when such truck 62-0-74 -6- "is stopped or impeded by traffic. The said sound .amplifying equipment shall not be operated for longer than one (1) minute at each such stop. "(d) Sound shall not be issued within one -hundred (100) yards of hospitals at any time, or within one - hundred (100) yards of schools, places of worship or courthouses during their normal hours of session. "(e) Sound amplifying equipment shall not be operated in any block in any street in which more than one-half (k) of the buildings in such block are used exclusively for residential purposes. "(f) The.quality of sound shall be controlled so that it is not unreasonably raucous or a common nuisance to persons within the area of audibility. "(g) The sound level from sound truck amplify- ing equipment shall not exceed.a measurement equal or equivalent to 65 decibels--'A'Scale (65 dBA) as registered at a distance of 50 feet. "Sec. 272-7. Penalties. "Any person as defined herein violating the pro- visions of this ordinance shall.be fined not less than twenty-five ($25.00) nor more than fifty ($50.00) for each offense. Each day any violation of this ordinance shall continue shall constitute a separate • offense." SECTION 2: Any Ordinances or parts of Ordinances in conflict herewith are hereby repealed. 001C a -7- .�' '7 SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced ,Tiny 1 S , 1974. Adopted 1974. Approved Jelly 90 , 1974 /s/ Edizar Vnnneman, Jr. Mayor Attest: /c/ Maurice F. Brown City Clerk Approved as to form: Is/ .Tack M. GiAval Corporation Counsel 0