[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin 6-17-1968 by Ord. No. 68-3 as
Ch. 65 of the 1968 Code. Amendments noted where applicable.]
No person shall operate or cause to be operated
any sound truck in the Borough of Berlin for commercial advertising
purposes with sound-amplifying equipment in operation unless a license
has been obtained from the Borough Clerk. The fee for said license
shall be the sum of $5 for each day's use or operation of the sound
truck described in such license; provided, however, that the minimum
fee for any license under the terms of this chapter shall be the sum
of $25.
Persons applying for such license shall file
with the Borough Clerk an application in writing, giving in said application:
A.
The name and home address of the applicant.
B.
The address of place of business of applicant.
C.
License number and motor number of the sound truck
to be used by applicant.
D.
Name and address of person who owns the sound truck.
E.
Name and address of person having direct charge of
sound truck.
F.
Names and addresses of all persons who will use or
operate the sound truck.
G.
The purpose for which the sound truck will be used.
H.
A general statement as to the section or sections
of the Borough in which the sound truck will be used.
I.
The proposed hours of operation of the sound truck.
J.
The number of days of proposed operation of the sound
truck.
K.
A general description of the sound-amplifying equipment
which is to be used.
L.
The maximum sound-producing power of the sound-amplifying
equipment to be used in or on the sound truck. State the following:
The Borough Clerk shall issue a license under
this chapter upon payment of the required license fee unless the application
reveals that applicant would violate the following regulations of
this chapter or the provision of some other ordinance of this Borough:
A.
The only sounds permitted are music or human speech.
B.
Operations are permitted for four hours each day,
except Sundays and legal holidays, when no operation shall be authorized.
The permitted four hours of operation shall be between the hours of
11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6
:30 p.m.
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 10 miles per hour, except when said truck is stopped
or impeded by traffic. Where stopped by traffic, the said sound-amplifying
equipment shall not be operated for longer than one minute at each
such stop.
D.
Sound shall not be issued within 100 yards of hospitals,
schools, places of worship or the Municipal Building.
[Amended 12-14-2017 by Ord. No. 2017-15]
E.
The human speech and music amplified shall not be
profane, lewd, indecent or slanderous.
F.
The volume of sound shall be controlled so that it
will not be audible for a distance in excess of 100 feet from the
sound truck and so that said volume is not unreasonably loud, raucous,
jarring, disturbing or a nuisance to persons within the area of audibility.
G.
No sound-amplifying equipment shall be operated with
an excess of 15 watts of power in the last stage of amplification.
Each and every person violating any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
of not exceeding $200 or imprisonment for a term not exceeding 90
days, or both, in the discretion of the Judge before whom such conviction
shall be had.
