O-1937-235 - Laserfiche WebLink

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'", .. No. 235 AN ORDIN~C~ AN ORDINANCE PROHIBITING THE PLAYING OF ANY BAND, MUSICAL INSTRUMENT, OR PHONOGRAPH OR RADIO, OR OTHER LOUD SPEAKING OR NOISE MAKING DEVICE OR ATTACHMENT ON ANY PREMISES WITHIN THE CITY OF LA PORTE WHEN SUCH PREMISES ARE BEING USED AS A PLACE OF BUSINESS TO WHICH THE PUBLIC IS GENERALLY INVITED, OR THE PUBLIC SIDEWALKS OR OUTSIDE SUCH BUILDING, OR IN UNElWT.lOSED VESTIBULES ENTRANCES THERETO, VffiEN SUCH PREMISES ARE WITHIl~ OD HUNDRED AND FIFTY FEET OF ANY PUB- LIC STREET OR HIGHWAY, WITHIN CERTAIN HOURS,WITHOUT FIRST OBTAINING A PERMIT THEREFOR: PROVIDING THAT THE INVALIDITY OF ANY SEOTION, OR PORTION OF SAID ORDINANCE SHALL Nor EFFECT VALID PORTIONS: PRESCRIB- ING A PENALTY FOR THE VIOLATION THEREOF, AND DEOLARING AN EMERGENOY. e e \ , PASSED BY THE CITY THE 17thDAY OF JUliJE 1931. BE IT ORDAINED BY THE CI~'Y COUNCIL OF THE CITY OF LA PORT~: COUNCIL OF THE CITY OF LA PORTE ON SECT,I QIif_ O.N.E THAT FROM AND AFTER THE PASSAGE OF THIS ORDINANCE IT SHALL BE UNLAWFUL FOR ANY PERSON, PERSOl~S, FIRM OR CORPORATION TO PERMIT OR ALWW ANY B~~.1.. MUSICAL INSTRUMEHTS, OR PHONOGRAPH, OR RADIO, OR OTHER LOUD SPJSAKING OR NOISE MAKING DEVICE OR ATTAOHMENT TO BE PLA'YED OR OPERATED ON THE PUBLI C SIDEWALKS, OR UNDER T!fE SIDEWALK AViNINGS, OR OUTSIDE THE BUILDING, OR IN UNENCLOSED VESTI- BULE ENTRANCE THERETO, OR ANY PREMISES UNDER THEIR OR mT'S OWNER- SHIP, MANAGEMENT, OR CONTROL WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTH WHEN SAID PREMISES ARE BEING USED AS A PLAOE OF BUSINESS TO WHICH THE ?PUBLIC IS GENERALLY INVITED AND liffiERE SAID PREMINSES ARE WITml~ ONE: HUNDRED AND FIFTY FEET OF ANY PUBLIC STREET OR HIG HWA Y, BEFORE THE HOUR OF 7; 00 0' OLOOK A M OR AFTER. . THE HOUR OF 9;30 O'CLOCK P M OF ANY DAY, WITHOUT FIRST OBTAINING A PERMIT IN WRITING FROM THE CITY SEORETARY OR THE OIT".Y 'COUNO!L OF THE OITY OF LA PORTE, IN THE MANNER HEREINAFTER SET FORTli. 'llffE APPLIOATION FOR SUOH PERMIT SHALL BE IN WRITING, SHALL STATE THE L LOOATION OF THE PREMISES FOR WHIOH THE PERMIT IS DESIRED, THE KIND OF INSTRUMENT OR DEVI CE PROPOSED TO BE OPERATED OR PLAYED, THE PURPOSE OF THE OPERATION THEREOB AND THE TIME AND MANNER IN WHIOH SUOH INSTRUMENT OR DEVIOE WILL BE OPERATED OR PLAYED. UPON THE FILING OF SUOH APPLIOATION IT SHALL BE THE DUTY OF THE OITY SEORETARY IN CASES WHERE HE MAY GRANT SUCH PERltUT, AND THE CIT::' !; 'COUNClL l IN OTHER OASES', TO FULLY INVESTIGATE ALL FACTS BEARING 'lIH~.Ji:Oli. IF THE CITY SECRETARY FINDS THAT THE OPERA- TION OR PLAYING OF SUCH INSTRUMENT OR DEVICE AS PROPOSED IN THE APPLICATION WILL NOT BE UNREASONABLY OBNOXIOUS OR ANNOYING TO THE ,OCCUPANTS OF OT'"dER PREMISES IN SUOH VEOINITY, OR TO THE PUBLIOI. THEN SUCH PERMIT SHALT.l BE GRANTED, AND IF REFUSED, THE APPLICAN'J.' MAY APPEAL TO THE OITl OOUNCIL ,.:0 i"mO SHALL PASS UPON THE SAME UTER DUE OONSIDERATION IN TrlE SAME MANNER AS IB PROVIDED FOR THE OITY SEORETARY, WHICH AOTmOn SHALL BE FINAL. ANY SUOH PERMIT ISSUED MAY BE REVOKED BY THE CITY v" .- COUNCIL AFTER A HEARING WITH NOTICE THEREOF AS ON ORIGINAL APPLICA- 'rlOUS FOR A PERMIT AND UPON A FINDING THAT THE MANNER IN WHICH SUCH INSTRUMENT OR DEVIOE IS BEING OPERATED ORPLAYED UNDER SUOH PERMIT IS 1IIIRB&8OIABLY OBIOX1OVI TO THE OCCUPANTS OF OTHER PRElrUSES IN SUOH VECINITY OR TO THE PUBLIC. SECTION TWO ----.....---.. .. - ANY PERSON OR PERSONS, FIRM OR OORPORATION VI OLATING THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CON- VI8TION THEREOF SHALL BE FINED IN ANY SUM NOT LESS THAN ONE DOLLAR ($1,00) .OR MORE THAN ONE HUNDRED DOLLARS($lOO,OO),AND EAOH DAyS VIOLATION THEREOF,OR ANY PART HEREOF SHALL BE DEEMED A SEPARATE OFFENSE. SECTION THREE --........ ... ... .. -.. .., -... IN THE EVENT ANY SEOTION OR PART OF A SEOTION OR PRO- VISION OF THIS ORDINANCE SHALL BE HELD INVALID, SAlm SHALL NOT EFFECT THE VALID PORTIONS HERE OF, WHIOH SHALL BE ENFORCEABLE REllARDLESS OF SUCH HOWING.