Town/Village of Mount Kisco, NY Chapter 91 Sound Trucks

[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 1-6-1975 as L.L. No. 1-1975. Sections 91-2E and 91-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 83.

§ 91-1 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

PERSON

Includes one or more persons of either sex, corporations, partnerships, clubs, associations, joint-stock companies, societies, not-for-profit corporations and other entities of any kind capable of being sued.

SOUND-AMPLIFYING EQUIPMENT

Any machine or device for the amplification of the human voice, music or any other sound. "Sound-amplifying equipment" shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

SOUND TRUCK

Any vehicle having mounted thereon or attached thereto any sound-amplifying equipment.

§ 91-2 Noncommercial uses.

A. Registration statement generally. No person shall use or cause to be used a sound truck with its sound-amplifying equipment in operation for noncommercial purposes in the village before filing a registration statement with the Village Clerk, in writing. This registration statement shall be filed in duplicate and shall state the following:

(1) Name and home address of the applicant.

(2) License number and motor number of the sound truck to be used by applicant.

(3) Name and address of the person who owns the sound truck.

(4) Name and address of the person having direct charge of the sound truck.

(5) Names of all persons who will use or operate the sound truck.

(6) The purpose for which the sound trucks will be used.

(7) A general statement as to the section or sections of the village in which the sound truck will be used.

(8) The proposed hours of operation of the sound truck.

(9) The number of days of proposed operation of the sound truck.

(10) A general description of the sound-amplifying equipment which is to be used.

B. Registration statement amendment. All persons using, or causing to be used, sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to this section within 48 hours after any change in the information therein furnished.

C. Registration and identification. The Village Clerk shall return to each applicant under this section one copy of such registration statement duly certified by the Clerk as a correct copy of such application. Such 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-amplifying equipment is in operation, and such copy shall be promptly displayed and shown to any policeman of the village upon request.

D. Regulations for use. Noncommercial use of sound trucks in the village with sound-amplifying equipment in operation shall be subject to the following regulations:

(1) The only sounds permitted are music or human speech.

(2) The permitted operation shall be between the hours of 10:00 a.m. and 7:00 p.m.

(3) Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of not less than 10 miles per hour, except when such truck is stopped or impeded by traffic. Where stopped by traffic, the sound-amplifying equipment shall not be operated for longer than one minute at each such stop.

(4) Sound shall not be issued within 200 yards of hospitals, schools and churches.

(5) The human speech and music amplified shall not be profane, lewd, indecent or slanderous.

(6) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 300 feet from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.

E. Issuance of license. The applicant shall pay a fee to the Village Treasurer at the rate provided in Chapter A112, Fees, per each day of sound truck usage, which fee shall accompany the application, and no permit shall be effective until the same is issued by the licensing officer.

[Amended 7-19-1982 by L.L. No. 4-1982]

F. The duration of the term of the license shall be 30 days. Said license may be renewed prior to termination upon payment of additional fee based on the rate structure set forth in Subsection E herein.

§ 91-3 Federal Communications Commission licensed broadcasting companies.

Broadcasting companies with Federal Communications Commission licenses shall be permitted to operate subject to § 91-2, provided that the per-diem rate shall be based only on actual days of operation. The broadcasting company shall not be subject to § 91-2F hereof. The broadcasting company shall give the village seven days' prior notice of actual operation and pay the required fee. The licenses granted to broadcasting companies will expire on December 31 of each calendar year.

§ 91-4 Commercial advertising prohibited.

No person shall operate or cause to be operated any sound truck for commercial sound-advertising purposes in the village with sound-amplifying equipment in operation.

§ 91-5 Political advertising prohibited.

No person shall operate or cause to be operated any sound truck for political sound-advertising purposes in the village.

§ 91-6 Penalties for offenses.

[Amended 7-19-1982 by L.L. No. 4-1982; 8-24-1992 by L.L. No. 9-1992]

Any person committing an offense against any provisions of this chapter shall be punishable as provided in § 1-17B of this Code.