Davis Municipal Code/24.04.040

Davis Municipal Code Chapter 24

(a)Issuing Authority. The issuing authority shall be the police chief.

(b)Approving Authority. The approving authority shall be the police chief.

(c)Application. Every user of sound amplifying equipment subject to the provisions of this article shall file a registration statement with the police chief at least sixteen days and no more than one hundred twenty days prior to the date on which the sound amplifying equipment is intended to be used. Applications for events covered by the First Amendment of the United States Constitution are exempt from the time requirements of this section if it can be shown that circumstances required a shorter filing period and that the event will not constitute an unsafe condition. The statement shall contain the following information:

(1)The name, address and telephone number of both the owner and the user of the sound amplifying equipment;

(2)The license number, if a sound truck is to be used;

(3)A general description of the sound amplifying equipment which is to be used;

(4)Whether sound amplifying equipment will be used for commercial or noncommercial purposes;

(5)The dates and times upon and within which and the streets or property over or upon which the equipment is proposed to be operated;

(6)The name or names of one or more persons who will be present during the conduct of any activities for which registration is sought and who will have authority to reduce the volume of any sound amplifying equipment during the course of the activities if required pursuant to this chapter and, otherwise, to insure compliance with the provisions of this chapter;

(7)A statement by the applicant that he or she is willing and able to comply with the provisions of this chapter and the conditions of the registration statement;

(8)A sketch of the area or facilities within which the activities are to be conducted, with approximate dimensions and illustration of the location and orientation of all sound amplifying equipment.

(d)Processing Application. The police chief shall approve the registration statement and return it to the applicant unless the chief finds:

(1)The conditions of any motor vehicle movement are such that, in his or her opinion, the use of the equipment would constitute an unreasonable interference with traffic safety; or

(2)The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety; or

(3)The registration statement submitted by the applicant reveals that the applicant would violate the provisions of this article; or

(4)The applicant is unwilling or unable to comply with the provisions of this chapter or any conditions imposed upon any registration statement issued; or

(5)There had already been a permitted event at the intended location, or within a two hundred-yard radius of the intended location and the prior permitted event was located on residentially zoned property or on a street, alley, public parking lot or neighborhood park within three months prior to the intended event. Community parks are exempt from this paragraph (5); or

(6)The applicant or location has had previous violations within the past calendar year, and in the judgment of the police chief, issuance would be contrary to the intent of section 24.04.010.

(e)Determination. In determining whether the use of the equipment would constitute an unreasonable interference with or detriment to traffic safety, the police chief shall consider, but shall not necessarily be limited to:

(1)The volumes, patterns and speed of vehicular and pedestrian traffic in the proposed area of use;

(2)The relationship of the proposed use of equipment and potential impacts upon the traffic patterns;

(3)Availability of sufficient room for the operation of the equipment without significantly interfering with the traffic patterns;

(4)Proximity to schools, playgrounds and similar facilities where use of such equipment might attract children into the traffic patterns;

(5)Proximity to busy intersections or other potentially hazardous conditions where use of such equipment might constitute a hazard by reason of its tendency to distract drivers of vehicles or pedestrians.

(f)Issuance or Denial.

(1)If the registration statement is approved, the police chief shall return an approved copy of the registration statement to the applicant which shall constitute permission for the use of the sound amplifying equipment as requested.

(2)If the registration statement is disapproved, the police chief shall return a disapproved copy forthwith to the applicant with the written statement of the reason for disapproval.

(3)Any registration statement filed shall be either approved or disapproved within five days of the filing thereof. (Ord. No. 1700, § 1 (part); Ord. No. 1854, §§ 14—16; Ord. No. 1955 (part).)

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