Fulton Permitted use of sound amplifying equipment ordinance (§ 6-62)

The noncommercial use of sound amplifying equipment shall be subject to the following:

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

(2) Operations shall be permitted between the hours of 9:30 a.m. and 12:00 midnight each day, except Sundays and legal holidays when operations shall be authorized only between the hours of 4:00 p.m. and 10:00 p.m.

(3) Sound amplifying equipment shall not be operated from sound trucks unless the sound truck upon which such equipment is mounted is operated at a speed of at least five 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 100 yards of hospitals, schools or churches without the written approval of the hospital, school or church within the 100-yard limit.

(5) The human speech and music amplified shall not be obscene under state law.

(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 location of the sound amplifying equipment and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility; provided, however, the limitation of audibility to a distance not in excess of 300 feet shall not apply to sound issued from aircraft.

(7) All sound amplifying equipment operated shall have limitations on the decibel levels and sound pressure levels allowable. Measurements shall be taken only with properly calibrated sound measurement equipment used in accordance with accepted sound measurement practices. These levels are as follows:

a. For outdoor use of any sound amplifying equipment, the decibel levels allowable shall not exceed 100 decibels when measured at a distance of ten feet from in front of the center of the speakers, nor shall it exceed 85 decibels when measured at a distance of 100 feet.

b. For indoor use of any sound amplifying equipment, no registration statement shall be required, the decibel levels allowable shall not exceed 75 decibels when measured from the nearest public property. Public property shall include but not be limited to sidewalks, streets and alleyways.

(8) Waivers of any part of this section may only be granted by a majority vote of the city council and shall be noted on the registration statement provided by the city clerk.