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device is used, or intended to be used for the purpose of advertising or calling attention to <br />any article, thing or event, or for the purpose of addressing the public or attracting the <br />attention of the public, along or upon the public streets or ways along which such vehicle <br />travels. <br />10.16.020. Sound Vehicles - Definition exclusions and <br />exceptions. <br />The definitions set forth in Section 10.16.010(B) shall not be deemed to <br />include: <br />A. Vehicles used only in a parade conducted pursuant to a permit <br />issued <br />pursuant to Title 5, Chapter 5.44; <br />B. A vehicle equipped with a siren or horn designed and used for <br />the purpose of warning traffic because of such equipment or use, nor any vehicle operated <br />by any governmental agency within the course of its public functions; <br />C. Persons who are licensed by the city to sell goods,wares and <br />merchandise from vehicles and whose vehicles are equipped with sound apparatus emitting <br />music only, providing the sound of said music does not exceed ninety decibels measured at <br />a distance of ten feet from the speaker of said apparatus. <br />10.16.030. Sound Vehicles - Where prohibited. <br />No person shall drive, operate, propel or park any sound vehicle with the <br />sound -making device, sound -amplifying device, or loud speaker thereof in use or operation: <br />A. Within three hundred feet of any hospital, place of worship, or school <br />that is in session; <br />B. Upon any public street or way between the hours of eight p.m. and <br />eight a.m. of the following day. <br />10.16.040 Penalty for violations. <br />Any person who willfully fails to comply with the requirements of this chapter is <br />guilty of a misdemeanor punishable as set forth by State law and is subject to Administrative <br />penalties and fines as set forth in this Code. The City retains any and allcivic remedies, <br />including the right of civil injunction for the prevention of the violations and for the recovery of <br />money damages therefor." <br />Section 2: Sections 10.16.040, 10.16.50, 10.16.60 are hereby repealed <br />and Section 10.16.70 is renumbered 10.16.40. <br />RWM\AYC\692777 2 <br />